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LEE & PALMER, INC. v. EMPLOYERS COMMERCIAL U. INS. CO., INC.

No. 72 Civ. 1432.

360 F.Supp. 654 (1973)

LEE & PALMER, INC., Plaintiff, v. EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY, INC., Defendant.

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

June 25, 1973.

Attorney(s) appearing for the Case

Healy & Baillie, New York City, for plaintiff; Raymond A. Connell, New York City, of counsel.

Alexander, Ash, Schwartz & Cohen, New York City, for defendant; Sidney A. Schwartz, Irwin H. Haut, New York City, of counsel.

MEMORANDUM

LASKER, District Judge.

These are cross motions for partial summary judgment as to liability, pursuant to Rule 56(c), on the part of the insured, Lee & Palmer, Inc. and the insurer, Employers Commercial Union Insurance Company, Inc., ("ECU"). The sole issue is whether Lee & Palmer's risk is excluded from coverage by virtue of either the G-304 exclusion1 or exclusion...

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