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LIBERTY MUT. INS. CO. v. BORSARI TANK CORP. OF AMERICA

122 F.Supp. 545 (1954)

LIBERTY MUT. INS. CO. v. BORSARI TANK CORP. OF AMERICA, et al.

United States District Court, S. D., New York.

June 24, 1954.

Attorney(s) appearing for the Case

Albert P. Thill, Brooklyn, N. Y., for plaintiff.

William F. McNulty, New York City, for defendants.

EDELSTEIN, District Judge.

In an action for a declaratory judgment, defendants move to dismiss under Rule 12(b) (6), Fed.Rules Civ.Proc., 28 U.S.C.A. The plaintiff Liberty Mutual Insurance Company is the workmen's compensation carrier in the State of Missouri for the defendant Borsari Tank Corporation, which was engaged as a contractor to perform certain work for the defendant Anheuser-Busch at its plant in Newark, New Jersey. The contract between Borsari and Anheuser...

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