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JAKOBSON SHIPYARD, INC. v. AETNA CAS. AND SUR. CO.

No. 1299, Docket 91-9284.

961 F.2d 387 (1992)

JAKOBSON SHIPYARD, INC., Plaintiff-Appellant, v. The AETNA CASUALTY AND SURETY COMPANY and the Aetna Life & Casualty Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 13, 1992.

Attorney(s) appearing for the Case

Herbert M. Lord, Burlingham Underwood & Lord, New York City, for plaintiff-appellant.

John R. O'Connor, Garden City, N.Y. (Robin Mary Heaney, O'Connor, O'Connor, Hintz & Deveney, of counsel), for defendants-appellees.

Before FEINBERG, WINTER and ALTIMARI, Circuit Judges.

WINTER, Circuit Judge:

Jakobson Shipyard, Inc. ("Jakobson") appeals from Judge Kram's grant of summary judgment. 775 F.Supp. 606. Jakobson sought through this declaratory judgment action indemnification and attorneys' fees from Aetna Casualty and Surety Company and Aetna Life & Casualty Company ("Aetna") for an action for breach of warranty brought against Jakobson by Express Barge, Inc. ("Express"). Aetna had insured Jakobson...

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