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UNITED STATES v. MAGUIRE HOMES, INC.

Civ. A. No. 59-554.

186 F.Supp. 659 (1959)

UNITED STATES of America For the Use of GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORP. Ltd. v. MAGUIRE HOMES, INC. and American Surety Company of New York.

United States District Court D. Massachusetts.

October 6, 1959.

Attorney(s) appearing for the Case

James H. Duffin, Boston, Mass., for plaintiff.

Philip R. White, Hutchins & Wheeler and Louis F. Eaton, Jr., Boston, Mass., for defendants.

WYZANSKI, District Judge.

This case is before the Court on the motion of American Surety Company that the complaint against it be dismissed. The gist of the matter can be briefly stated.

As to the claims against American Surety Company jurisdiction of this Court, if it exists, is premised on 28 U.S. C. § 1352 which provides that "The district courts shall have original jurisdiction, concurrent with State courts, of

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