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AMERICAN MUT. LIABILITY INS. CO. v. FLINTKOTE CO.

No. 83 Civ. 3341 (WK).

565 F.Supp. 843 (1983)

AMERICAN MUTUAL LIABILITY INSURANCE CO., Plaintiff, v. The FLINTKOTE CO., Liberty Mutual Insurance Co., et al., Defendants.

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

June 9, 1983.

Attorney(s) appearing for the Case

Siff & Newman, P.C. by Louis G. Corsi, New York City, for plaintiff.

Shearman & Sterling by Joseph McLaughlin, New York City, for defendant Flintkote.

Olwine, Connelly, Chase, O'Donnell & Weyher by Michael Twomey, New York City, for defendant Liberty Mut.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

Before us is plaintiff's motion to remand the case to state court. For reasons stated below, the motion is granted.

BACKGROUND

The material facts are not really in dispute, although their legal consequences are the subject of vigorous disagreement. Defendant Flintkote Co. ("Flintkote") is a Delaware corporation which manufactures and distributes construction material. Plaintiff American...

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