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OVER THE ROAD DRIVERS, INC. v. TRANSPORT INS. CO.

No. 79-1094.

637 F.2d 816 (1980)

OVER THE ROAD DRIVERS, INC., Plaintiff, Appellee, v. TRANSPORT INSURANCE COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 10, 1980.

Attorney(s) appearing for the Case

James E. Grumbach, Boston, Mass., with whom Paul L. McGill, Alan G. Miller, and Morrison, Mahoney & Miller, Boston, Mass., were on brief, for defendant, appellant.

Toni G. Wolfman, Boston, Mass., with whom Foley, Hoag & Eliot, Boston, Mass., was on brief, for plaintiff, appellee.

Before CAMPBELL and BOWNES, Circuit Judges, and NELSON, District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

Over The Road Drivers, Inc. sued appellant Transport Insurance Company for $26,482.27 in the district court. Transport did not deny that the sum was due Over The Road as a net return of premiums under a workmen's compensation policy issued by Transport but claimed the right to offset against this debt monies owed Transport by other companies insured under the same policy. Transport also sought dismissal because of Over The Road's...

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