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PSI METALS, INC. v. FIREMEN'S INS. CO. OF NEWARK, N.J.

No. 576, Docket 87-7772.

839 F.2d 42 (1988)

PSI METALS, INC., and D. Christopher McDermott, Plaintiffs-Appellants, v. FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 5, 1988.

Attorney(s) appearing for the Case

Michael Kelley Maggs, Schenectady, N.Y., for plaintiffs-appellants.

Lawrence E. Becker, Albany, N.Y. (McClung, Peters and Simon, Albany, N.Y., of counsel), for defendant-appellee.

Before TIMBERS, WINTER and ALTIMARI, Circuit Judges.

PER CURIAM:

This appeal presents the question whether our interpretation of the elements of an abuse of process claim under New York law in Alexander v. Unification Church of America, 634 F.2d 673, 677-78 (2d Cir.1980), remains valid after the intervening decision of the New York Court of Appeals in Curiano v. Suozzi, 63 N.Y.2d 113, 469 N.E.2d 1324, 480 N.Y.S.2d 466 (1984). Because...

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