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KING'S GYM COMPLEX v. PHILADELPHIA INDEM. INS.

No. 6:05-CV-1591.

433 F.Supp.2d 256 (2006)

KING'S GYM COMPLEX, INC., doing business as, King's Athletic Club, Plaintiff, v. PHILADELPHIA INDEMNITY INSURANCE CO., Defendant.

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

June 16, 2006.

Attorney(s) appearing for the Case

Gustave J. Detraglia, Jr., Esq., Utica, NY, for Plaintiff.

Gennet, Kallmann, Antin & Robinson, P.C., Mark L. Antin, Esq., Parsippany, NJ, for Defendant.

MEMORANDUM DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff King's Gym Complex, Inc. ("plaintiff" or "King's Athletic Club") brings a breach of contract action against defendant Philadelphia Indemnity Insurance Co. ("defendant" or "Philadelphia") for breaching the terms of its insurance policy. The action is maintained after removal from state court pursuant to federal diversity jurisdiction: Defendant...

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