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MACMILLAN, INC. v. FEDERAL INS. CO.

No. 90 Civ. 0438 (RPP).

764 F.Supp. 38 (1991)

MACMILLAN, INC., Plaintiff, v. FEDERAL INSURANCE COMPANY, Defendant, v. Edward P. EVANS and William P. Reilly, Third-Party Defendants.

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

May 16, 1991.

Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom by Erskine D. Henderson, New York City, for plaintiff.

Wilson, Elser, Moskowitz, Edelman & Dicker by James M. Kaplan, New York City, for Federal Ins. Co.

Howard, Darby & Levin by Jack P. Levin, New York City, for Edward P. Evans.

Weil Gotshal & Manges by Greg A. Danilow, New York City, for William F. Reilly.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

This is an action by a Delaware corporation against an insurer for reimbursement of litigation expenses incurred in defending lawsuits brought against former directors of the corporation. The third-party defendants, two former directors and officers of plaintiff Macmillan, Inc. ("Macmillan"), move pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the insurer's third-party...

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