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MORSE/DIESEL, INC. v. FIDELITY AND DEPOSIT CO. OF MD.

No. 86 Civ. 1494 (PKL).

715 F.Supp. 578 (1989)

MORSE/DIESEL, INC., a Delaware Corporation, Plaintiff, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland Corporation, Defendant & Third-Party Plaintiff, v. T. FREDERICK JACKSON, INC., Third-Party Defendant.

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

June 21, 1989.

Attorney(s) appearing for the Case

Friedman, Wang & Bleiberg, P.C., New York City (Peter N. Wang and Neal Brickman, of counsel), for plaintiff.

Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa. (Ian A.L. Strogatz, Kenneth J. Warren and Gary L. Leshko, of counsel), and Hart & Hume, New York City, for defendant & third-party plaintiff Fidelity and Deposit Co. of Maryland.

OPINION AND ORDER

LEISURE, District Judge:

This diversity action is presently before the Court on plaintiff's motion to supplement and amend its initial complaint, pursuant to Fed.R.Civ.P. 15. Defendant opposes such amendment, and alternatively cross-moves to dismiss all counts of the proposed amended complaint (the "Amended Complaint"), pursuant to Fed.R.Civ.P. 12(b)(6). Defendant also requests sanctions under Fed.R.Civ.P. 11, for the costs it incurred...

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