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AMERICAN MOTORISTS INS. CO. v. PHILIP CAREY CORP.

No. 79 Civ. 0518.

482 F.Supp. 711 (1980)

AMERICAN MOTORISTS INSURANCE COMPANY, Plaintiff, v. PHILIP CAREY CORPORATION, Glen Alden Corporation, General Accident Fire & Life Assurance Corporation, Ltd., and Employers Insurance of Wausau, Defendants.

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

January 3, 1980.

Attorney(s) appearing for the Case

Gillen, Turk & Caliendo, New York City, for plaintiff; Charles P. Caliendo, New York City, of counsel.

Shearman & Sterling, New York City, for the Celotex Corporation, successor in interest to defendant Philip Carey Corp.; Michael J. De Santis, Leonard Gross, New York City, of counsel.

Steptoe & Johnson, Washington, D. C., Calvin H. Cobb, Jr., Washington, D. C., Poletti, Freidin, Prashker, Feldman & Gartner, Justin Feldman, New York City, for defendant General Accident Fire & Life Assurance Corp., Ltd.

O'Brien, Kelly & Rode, Mineola, N. Y., for defendant Employers Insurance of Wausau; Frank R. Daly, Jr., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

This action for declaratory judgment was commenced by American Motorists Insurance Company ("American Motorists") against its assured Philip Carey Corporation ("Carey"), General Accident Fire & Life Assurance Corporation, Ltd. ("General Accident") and Employers Insurance of Wausau ("Wausau"), two other insurers of Carey. Carey and its successor in interest, The Celotex Corporation (hereafter referred to interchangeably...

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