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Foodtown, Inc. v. National Union Fire Insurance Company of Pittsburgh

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


August 20, 2008

FOODTOWN, INC., ET AL., PLAINTIFF,
v.
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, DEFENDANT.

The opinion of the court was delivered by: Katharine S. Hayden, U.S.D.J.

ORDER

The Court having filed an opinion herewith, and for the reasons set forth in that opinion, IT IS on this 20th day of August, 2008,

ORDERED that the parties' cross-motions for summary judgment (D.E. 24 and 27) are hereby reinstated; and it is further

ORDERED that plaintiff's request for declaratory relief is granted as to Counts Two and Four of the Food King complaint*fn1 and denied as to Counts One and Three of the Food King complaint; and it is further

ORDERED that plaintiff's counsel is directed to submit an attorneys' statement of services detailing the fees and costs incurred prosecuting this action and a proposed order within 10 days of the entry of this Order; and it is further

ORDERED that the parties are directed to execute the Court's rulings with respect to apportionment and indemnification of the defense costs in the Food King action; and it is further ORDERED that the Clerk of the Court is directed to close this matter.

Katharine S. Hayden, U.S.D.J.


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