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HOME INS. CO. v. RAIL EXPRESS, INC.

No. 93 Civ. 7131 (CBM).

865 F.Supp. 183 (1994)

HOME INSURANCE COMPANY a/s/o Nippon Express U.S.A., Inc., Plaintiff, v. RAIL EXPRESS, INC., Rex Express, Rex Charter Trucks and North American Van Lines, Inc., Commercial Transport Division, et al., Defendants.

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

October 18, 1994.

Attorney(s) appearing for the Case

Michele Sullivan, Morgan, Melhuish, Monaghan Arvidson Abrutyn & Lisowski, New York City, for plaintiff.

George W. Wright, Kroll & Tract, Newark, NJ, for defendants.

MEMORANDUM OPINION

MOTLEY, District Judge.

BACKGROUND

Plaintiff Home Insurance Company, Inc. brings this action against defendants to recover damages in the amount of $201,851.61 paid to its subrogee, Nippon Express U.S.A., Inc. (Nippon). The matter is now before the court on defendant's, North American Van Lines, Inc., Commercial Transport Division (NACT) motion for summary judgment.

Nippon had entered into a contract with N.H.K. Enterprises...

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