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VERRIER v. AMERICAN FIDELITY COMPANY

Civ. Nos. 5-141, 5-142.

163 F.Supp. 919 (1958)

Robert A. VERRIER, doing business as Robert A. Verrier Construction Company for the Use and Benefit of E. S. BOULOS COMPANY, Inc., v. AMERICAN FIDELITY COMPANY. Robert A. VERRIER, doing business as Robert A. Verrier Construction Company for the Use and Benefit of WEIL PUMP COMPANY, v. AMERICAN FIDELITY COMPANY.

United States District Court D. Maine, S. D.

June 30, 1958.

Attorney(s) appearing for the Case

Herbert H. Bennett (of Levenson, Schwarz & Bennett), Portland, Me., for plaintiff.

John J. Flaherty (of Berman, Berman & Wernick), Portland, Me., for defendant.

GIGNOUX, District Judge.

The instant ruling arises upon two identical motions to dismiss filed by the defendant in these actions on May 7, 1958, on the ground that the complaint in each action fails to state a claim upon which relief can be granted.1

The principal actions were brought by plaintiff, for the use and benefit of the use-plaintiffs,2 to recover of defendant the sums of $9,281 and $9,943...

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