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NATIONAL UNION FIRE INS. v. L.E. MYERS CO. GROUP

84 Civ. 7481 (SWK).

928 F.Supp. 394 (1996)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Plaintiff-Counterdefendant, v. The L.E. MYERS CO. GROUP, The L.E. Myers Co. and Lemco Engineers, Inc., Defendants-Counterplaintiffs. The L.E. MYERS CO. GROUP, The L.E. Myers Co. and Lemco Engineers, Inc., Third-Party Plaintiffs, v. The EMAR COMPANY, American Risk Management, Inc. and The Walsh Group, Third-Party Defendants.

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

June 19, 1996.

Attorney(s) appearing for the Case

Lester Schwab Katz & Dwyer by Kenneth R. Maguire, Fern Flomenhaft, New York City, for Plaintiff-Counterdefendant.

Bell, Boyd & Lloyd by John P. Scotellaro, David D. Cleary, Chicago, Illinois, Cleary, Gottlieb, Steen & Hamilton, by Evan A. Davis, Barry D. Ford, New York City, for Defendants-Counterplaintiffs and Third-Party Plaintiffs.

James S. Rowen & Associates by James S. Rowen, New York City, For Third-Party Defendant The Emar Company.

Wilson, Elser, Moskowitz, Edelman & Dicker by Ramon D. Held, New York City, For Third-Party Defendant The Walsh Group.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

Defendants The L.E. Myers Group, The L.E. Myers Co. and Lemco Engineers, Inc. (collectively "Myers") move for an order striking any jury trial demand for failure to timely make such a request under Federal Rule of Civil Procedure 38(b). National Union Fire Insurance Company of Pittsburgh, PA ("National Union") cross-moves for a jury trial. For the reasons set forth below, Myers' motion is denied and...

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