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CHASE v. COLUMBIA NAT. CORP.

No. 91 Civ. 3357 (RWS).

832 F.Supp. 654 (1993)

Sylvia CHASE, Executrix of the Estate of Myron L. Chase, Stephen Chase, John A. Witte and Donjon Marine Co., Inc., Plaintiffs, v. COLUMBIA NATIONAL CORPORATION, David Miller and James D. Larr, Defendants.

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

September 9, 1993.

Attorney(s) appearing for the Case

Kelly & Roth, New York City, for plaintiffs (William H. Roth and Lisa A. Frey, of counsel).

Thompson, Hine and Flory, Cleveland, OH (David J. Hooker, of counsel) and Santora & Greenfield, New York City, for defendants and counterclaimants.

OPINION

SWEET, District Judge.

Plaintiff Sylvia Chase ("Chase") has moved for partial summary judgment pursuant to Rule 56(b), Fed.R.Civ.P., dismissing the First through Sixth counterclaims of Defendant Columbia National Corporation ("Columbia"), now known as Columbia National Group, Inc., on the ground they are barred by a contractual provision agreed upon by the parties. For the reasons set forth below, the motion is denied.

The Parties...

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