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ATLANTIC MUT. INS. v. BALFOUR MACLAINE INTERN.

No. 90 Civ. 7080 (SWK).

775 F.Supp. 101 (1991)

ATLANTIC MUTUAL INSURANCE COMPANY, Plaintiff, v. BALFOUR MACLAINE INTERNATIONAL LTD., Van Ekris & Stoett, Inc., N-Bank — Houston, First National Bank of Minneapolis, B.A.I.I. Banking Corporation, Standard Chartered Bank, Malayen Banking Berhaud, Bank Indosuez, Philadelphia National Bank, Credit Agricole, and Mellon Bank (East) and Mellon Bank International, Defendants.

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

September 13, 1991.

Attorney(s) appearing for the Case

Donovan Parry Walsh & Repetto, New York City (John A.V. Nicoletti, David R. Hornig and James F. Sweeney, of counsel), for plaintiff.

Hill Rivkins Loesberg O'Brien Mulroy & Hayden, New York City (Caspar F. Ewig, Keith B. Dalen, Richard J. Feinson, of counsel), for defendants Balfour Maclaine Int'l and Van Ekris & Stoett, Inc.

KRAM, District Judge.

This case concerns a dispute over an insurance claim for lost or missing coffee. Presently before the court is defendant Balfour Maclaine International's and Van Ekris & Stoett, Inc.'s motion to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. Plaintiff and the moving defendant have also cross-moved against each other for sanctions.

BACKGROUND

According to the Complaint in this case, Atlantic Mutual...

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