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CHRISTOPHER & JOHN v. MARYLAND CAS. CO.

No. 78 Civ. 4394.

484 F.Supp. 609 (1980)

CHRISTOPHER & JOHN, INC., Plaintiff, v. MARYLAND CASUALTY CO., Defendant, First Vermont Bank and Trust Co., Intervenor.

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

February 20, 1980.

Attorney(s) appearing for the Case

Archibald A. Patterson, New York City, for plaintiff.

Alexander A. Pignato, Rockville Centre, N. Y., for defendant.

Matalon & Schachter, New York City, for intervenor; Ralph A. Matalon, New York City, of counsel.

LASKER, District Judge.

The issue to be resolved is whether the plaintiff, Christopher and John, Inc., or the intervenor, First Vermont Bank & Trust Co., is entitled to the proceeds of a fire insurance policy issued by the defendant, Maryland Casualty Co.

In May, 1975, First Vermont loaned $35,000 to Charles Wallis, secured by a mortgage on premises owned by Wallis in Wallingford, Vermont. The mortgage required Wallis to maintain fire insurance on the...

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