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U.S. FIDELITY AND GUAR. CO. v. FROSTY BITES, INC.

No. 02 CIV. 1682(WCC).

232 F.Supp.2d 101 (2002)

UNITED STATES FIDELITY AND GUARANTY CO., Fidelity and Guaranty Insurance Underwriters, Inc. and Fidelity and Guaranty Insurance Co., Plaintiffs, v. FROSTY BITES, INC., Frosty Bites Distribution, L.L.C. and Frosty Bites Distributors of Georgia, Inc., Defendants.

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

November 1, 2002.

Attorney(s) appearing for the Case

Kenney, Kanaley, Shelton & Liptak, LLP, Attorneys for Plaintiffs, Buffalo, Judith Treger Shelton, Esq., Sharon Angelino, Esq., Of Counsel.

Pino & Associates, LLP, White Plains, Joanna Roberto, Esq., Of Counsel, Law Office of Robert G. Oake, Jr., Allen, TX, Robert G. Oake, Jr., Esq., Of Counsel, Law Office of Rudolf O. Siegesmund, Dallas, TX, Rudolf O. Siegesmund, Esq., Of Counsel, Attorneys for Defendant Frost Bites, Inc.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiffs United States Fidelity and Guaranty Company ("USF & G") and others1 bring this action against defendant Frosty Bites, Inc. ("FBI") for a declaratory judgment that USF & G has no duty to defend or indemnify FBI against patent infringement claims asserted against it in an action pending in the United States District Court for the Northern District of...

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