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BOSTON OLD COLONY v. LUMBERMAN'S MUT. CAS.

No. 86 Civ. 8672 (KTD).

710 F.Supp. 913 (1989)

BOSTON OLD COLONY INSURANCE COMPANY, Plaintiff, v. LUMBERMAN'S MUTUAL CASUALTY COMPANY, Defendant.

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

February 6, 1989.

Attorney(s) appearing for the Case

Alio and Caiati, New York City, for plaintiff; John J. McDonough, of counsel.

Alexander, Ash, Schwartz & Cohen, P.C., New York City, for defendant; Harvey J. Kaufman, of counsel.

MEMORANDUM AND ORDER

KEVIN THOMAS DUFFY, District Judge:

This diversity action is brought by plaintiff Boston Old Colony Insurance Company ("Boston") against defendant Lumbermen's Mutual Casualty Company ("Lumbermen's") to determine their respective obligations arising out of an automobile accident. Both parties move for summary judgment pursuant to Fed.R.Civ.P. 56. Lumbermen's also moves for attorneys fees pursuant to Fed.R.Civ.P. 11. For the following...

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