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BOSTON CASUALTY CO. v. BATH IRON WORKS CORP.

No. 3865.

136 F.2d 31 (1943)

BOSTON CASUALTY CO. v. BATH IRON WORKS CORPORATION.

Circuit Court of Appeals, First Circuit.

May 28, 1943.

Attorney(s) appearing for the Case

Sidney W. Wernick, of Portland, Me. (Jacob H. Berman and Edward J. Berman, both of Portland, Me., of counsel) for appellant.

William B. Mahoney and Wadleigh B. Drummond, both of Portland, Me., for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

MAHONEY, Circuit Judge.

This case was brought in the district court on the grounds of diversity of citizenship; judgment was rendered ordering the dismissal of the complaint and appeal has been taken to this court.

The facts as taken from the allegations of the complaint are as follows: The appellant, Boston Casualty Company, a Massachusetts corporation, is engaged in the writing of accident and health insurance exclusively. For the past eleven years it has...

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