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PLAZA 61 v. NORTH RIVER INS. CO.

Civ. A. No. 75-1116.

446 F.Supp. 1168 (1978)

PLAZA 61 and Cressona Plaza, Inc., Plaintiffs, v. The NORTH RIVER INSURANCE COMPANY, Defendants.

United States District Court, M. D. Pennsylvania.

March 24, 1978.

Attorney(s) appearing for the Case

Harry P. O'Neill, Jr., Edwin Utan, Scranton, Pa., for plaintiffs.

Patrick J. O'Connor, Philadelphia, Pa., B. Todd Maguire, Wilkes Barre, Pa., for defendants.

MEMORANDUM

HERMAN, District Judge.

This is a diversity action brought by the insured against the insurer on a builder's "all risk" policy. Both parties have moved for summary judgment. There is no dispute as to the following facts:

On October 19, 1972, Cressona Plaza, Inc., Plaintiff in this action, entered into a contract with Majo Corporation (hereafter Majo)1 for construction of a shopping center in Pottsville, Pennsylvania...

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