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LONE STAR INDUSTRIES v. LIBERTY MUT. INS. CO.

No. 87 CIV. 4748 (PKL).

689 F.Supp. 329 (1988)

LONE STAR INDUSTRIES, INC. and New York Trap Rock Corporation, Plaintiffs, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant.

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

As Amended September 7, 1988.

Attorney(s) appearing for the Case

Anderson Russell Kill & Olick, P.C., New York City (William Hart and Eugene Killian, of counsel), for plaintiffs.

Henderson & Brennan, White Plains, N.Y. (Francis J. Henderson, of counsel), for defendant.

AMENDED MEMORANDUM DECISION & ORDER

LEISURE, District Judge:

This is a diversity action for a declaratory judgment pursuant to 28 U.S.C. § 2201. Plaintiffs, Lone Star Industries, Inc. ("Lone Star") and New York Trap Rock Corporation ("NYTR"), move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure that (a) three personal injury actions against plaintiffs do not fall within the "completed operations hazard" of the applicable...

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