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PHOENIX ASSUR. CO. v. K-MART CORP.

Civil Action No. 95-1081.

977 F.Supp. 319 (1997)

PHOENIX ASSURANCE COMPANY, Plaintiff, v. K-MART CORP., et al., Defendants.

United States District Court, D. New Jersey.

September 5, 1997.

Attorney(s) appearing for the Case

Gerard F. Smith, Denville, NJ, for Plaintiff.

Patrick J. McAuley, Connell, Foley & Geiser, Roseland, NJ, for Defendant K-Mart Corporation.

Frank P. Arleo, Arseneault & Krovatin, Chatham, NJ, for Defendant AFC Express.

OPINION

WOLIN, District Judge.

This case is before the Court on the motions of two defendants. Defendant AFC Express, Inc. ("AFC Express" or "AFC") moves for summary judgment on the ground that this Court lacks subject matter jurisdiction over the claims of Phoenix Assurance Company of New York ("Phoenix") against AFC Express. In the alternative, AFC Express seeks to have this Court limit AFC Express's liability to $50.00, the amount stated as maximum...

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