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LUMBERMENS MUTUAL CASUALTY COMPANY v. BORDEN COMPANY

241 F.Supp. 683 (1965)

LUMBERMENS MUTUAL CASUALTY COMPANY, Plaintiff, v. BORDEN COMPANY, Inc. and Borden Chemical Company, Defendants. LUMBERMENS MUTUAL CASUALTY COMPANY, Plaintiff, v. The BORDEN COMPANY, Inc., Blackstone Mutual Insurance Company, Affiliated F.M. Insurance Company, United Engineers and Contractors, Inc., the Wickes Corporation, Vulcan-Cincinnati Corporation, Catalysts and Chemicals, Inc., and Monochem, Inc., Defendants.

United States District Court S. D. New York.

January 4, 1965.

Attorney(s) appearing for the Case

Townley, Updike, Carter & Rodgers, New York City, for Lumbermens Mut. Cas. Co.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for Borden Co., Inc.

Rein, Mound & Cotton, New York City, for Blackstone Mut. Ins. Co. and affiliated F. M. Ins. Co.

Alexander, Ash & Schwartz, New York City, for United Engineers & Contractors, Inc.

Purdy, Lamb & Catoggio, New York City, for Wickes Corp.

Bigham, Englar, Jones & Houston, New York City, for Monochem, Inc.

TENNEY, District Judge.

The within action for declaratory judgment is brought by plaintiff Lumbermens Mutual Casualty Company (hereinafter referred to as "Lumbermens") against various named defendants. Of the eight defendants named in the complaint, six move herein to dismiss the complaint on various asserted grounds. The defendants Blackstone Mutual Insurance Company (hereinafter referred to as "Blackstone"), Affiliated F. M. Insurance Company (hereinafter referred...

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