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FIDELITY & CASUALTY CO. OF N. Y. v. CARLL AND RAMAGOSA, INC.

Civ. A. No. 808-64.

243 F.Supp. 481 (1965)

The FIDELITY AND CASUALTY COMPANY OF NEW YORK, a New York corporation authorized to do business in New Jersey, Plaintiff, v. CARLL AND RAMAGOSA, INC., a New Jersey corporation, Casino Pier Co., a New Jersey corporation, and David Thompson, Margaret Thompson, James Thompson, Jack Dye and Mrs. Jack (Fictitious) Dye, Defendants.

United States District Court D. New Jersey.

July 15, 1965.

Attorney(s) appearing for the Case

Augustine A. Repetto, Atlantic City, N. J., for plaintiff.

Perskie & Perskie, by Marvin D. Perskie, Wildwood, N. J., for defendant-counterclaimant Carll and Ramagosa, Inc.

Kisselman, Devine, Deighan & Montano, by Peter J. Devine, Jr., Camden, N. J., for defendant-crossclaimant Casino Pier Co.

Thomas W. Rauffenbart, Atlantic City, N. J., for defendants David Thompson, Margaret Thompson, James Thompson, Jack Dye and Mrs. Jack (Fictitious) Dye.

Arkus & Cooper, by James L. Cooper, Atlantic City, N. J., for defendant Hunt's Enterprises, Inc.

Cole & Koury, by Maurice Y. Cole, Atlantic City, N. J., for defendant City of Wildwood.

COHEN, District Judge:

A judicial determination is sought in this diversity action adjudicating the obligations, if any, under a liability insurance policy, of the plaintiff, The Fidelity and Casualty Company of New York (Fidelity), to investigate a fire and defend its assureds in a pending state court tort action for death and injuries to minor children sustained on an amusement pier in the City of Wildwood, New Jersey.

On August 4, 1964 at approximately...

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