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PRINCIPAL MUT. LIFE INS. v. RACAL-DATACOM

Nos. 99-2035, 99-2197.

233 F.3d 1 (2000)

PRINCIPAL MUTUAL LIFE INSURANCE COMPANY, Plaintiff, Appellant/Cross-Appellee, v. RACAL-DATACOM, INC., Defendant, Appellee/Cross-Appellant.

United States Court of Appeals, First Circuit.

Decided November 22, 2000.

Attorney(s) appearing for the Case

Leonard H. Freiman with whom Paul M. Cimino and Goulston & Storrs, P.C. were on brief for plaintiff.

Matthew A. Porter with whom Timothy C. Blank and Dechert Price & Rhoads were on brief for defendant.

Before BOUDIN, Circuit Judge, BOWNES, Senior Circuit Judge, and LYNCH, Circuit Judge.

BOUDIN, Circuit Judge.

This difficult case presents the question whether the landlord or the tenant should bear the cost of replacing a failed heating, ventilation and air conditioning ("HVAC") system in a commercial building located in Boxborough, Massachusetts. The landlord is Principal Mutual Life Insurance Company, and the tenant is Racal-Datacom, Incorporated.1 The building is a manufacturing...

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