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VICTORY CONTAINER CORP. v. SPHERE INS. CO.

No. 77 Civ. 1370 (CHT).

448 F.Supp. 1043 (1978)

VICTORY CONTAINER CORPORATION, and Warrensburg Paper & Board Corp., Plaintiffs, v. SPHERE INSURANCE COMPANY, Excess Insurance Company, South Eastern Fidelity Insurance Company, and Foremost Insurance Company, Defendants.

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

March 17, 1978.

Attorney(s) appearing for the Case

Berman & Zivyak, New York City, for plaintiffs.

Levy, Bivona & Cohen, New York City, for defendants Sphere Ins. Co. and Excess Ins. Co.

MEMORANDUM

TENNEY, District Judge.

Plaintiffs Victory Container Corporation and Warrensburg Paper & Board Corp. have moved for partial summary judgment pursuant to Rule 56(c) of the Federal Rules of Civil Procedure against defendants Sphere Insurance Company and Excess Insurance Company on the issue of liability under an insurance policy issued by defendants.1 Jurisdiction is based upon diversity. 28 U.S.C. § 1332. Plaintiffs...

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