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GRAHAM ARCHITECTURAL PRODUCTS CORP. v. ST. PAUL MERCURY INS. CO.

No. 00-CV-6204.

303 F.Supp.2d 274 (2004)

GRAHAM ARCHITECTURAL PRODUCTS CORP., Plaintiff, v. ST. PAUL MERCURY INSURANCE COMPANY, Defendant. St. Paul Mercury Insurance Company, Third-Party Plaintiff, v. Riverview Architectural Products, Inc., Gary A. Flemming, Hope Flemming, Adam J. Waite, David A. Walter, Jane C. Walter, Keith A. Walker, and Shelly L. Walter, Third-Party Defendants.

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

January 27, 2004.

Attorney(s) appearing for the Case

Mark Rosen, Esq., McElroy Deutsch & Mulvaney, New York, NY, for the Plaintiff.

William J. Tinsley, Jr., Esq., Thomas J. Demski, Esq. Sills Cummis Epstein & Gross, P.A., New York, NY, for the Defendant and Third-Party Plaintiff.

MEMORANDUM AND ORDER

BLOCK, District Judge.

Invoking diversity jurisdiction, plaintiff Graham Architectural Products Corp. ("Graham") seeks payment from defendant and third-party plaintiff St. Paul Mercury Insurance Company ("St.Paul") under a material and labor payment bond issued by St. Paul to third party defendant Riverview Architectural Products, Inc. ("Riverview"). Graham and St. Paul both move for summary judgment. Principally at issue is whether...

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