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FEDERAL INS. CO. v. MAY DEPT. STORES CO.

No. 92 Civ. 3389 (LMM).

808 F.Supp. 347 (1992)

FEDERAL INSURANCE COMPANY, Plaintiff, v. The MAY DEPARTMENT STORES COMPANY, Defendant.

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

December 9, 1992.

Attorney(s) appearing for the Case

William R. Mait, of Mait, Wang & Simmons, New York City, for plaintiff, Federal Ins. Co.

Steven Skulnik, of Pavia & Harcourt, New York City, and David Israel, McGlinchey, Stafford, Cellini & Lang, New Orleans, LA, for defendant, The May Dept. Stores Co.

MEMORANDUM AND ORDER

McKENNA, District Judge.

By this Order, the Court decides a motion by defendant The May Department Stores Company ("Defendant" or "May") to dismiss plaintiff Federal Insurance Company's ("Plaintiff" or "Federal") declaratory judgment action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff opposes Defendant's motion. For the reasons that appear below, Defendant's motion is granted.

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