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HARDWARE MUT. CASUALTY CO. v. MASON-MOORE-TRACY, INC.

96 F.Supp. 861 (1951)

HARDWARE MUT. CASUALTY CO. v. MASON-MOORE-TRACY, Inc.

United States District Court S. D. New York.

March 30, 1951.

Attorney(s) appearing for the Case

Hughes, Flamman & Simpson, New York City, James A. Hughes, New York City, of counsel, for plaintiff.

Wasserman, Behr & Shagan, New York City, Bernard A. Green, New York City, of counsel, for defendant.

S. H. KAUFMAN, District Judge.

This is an action for a declaratory judgment to determine the liability of plaintiff-insurer, a Wisconsin corporation, under a policy of insurance issued to defendant, a New York corporation. There is also a cross action by the insured for damages arising from an alleged breach of the contract of insurance. Jurisdiction is based on diversity of citizenship. 28 U.S.C.A. § 1332(a) (1).

The facts, briefly stated, are these...

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