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B.R.I. COVERAGE CORP. v. AIR CANADA

No. 86 CV 282.

725 F.Supp. 133 (1989)

B.R.I. COVERAGE CORP., As Agent for Certain Underwriters at Lloyds, London, U.K., Plaintiff, v. AIR CANADA, Defendant.

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

November 9, 1989.

Attorney(s) appearing for the Case

Marcigliano & Campise, New York City (Scott T. Johnson, of counsel), for plaintiff.

Bigham Englar Jones & Houston, New York City (Catherine H. Agnew, of counsel), for defendant.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

Defendant moves pursuant to (i) Fed.R. Civ.P. 56(b) for summary judgment or, in the alternative, for partial summary judgment on the issue of damages, (ii) Fed.R. Civ.P. 17(a) for dismissal of the complaint because plaintiff is not the real party in interest, and (iii) Fed.R.Civ.P. 12(b)(6) for dismissal of the complaint for failure to allege a jurisdictional basis. Plaintiff cross-moves pursuant to Fed.R...

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