BOSTON & MAINE RAILROAD v. AETNA CASUALTY AND SURETY CO.

No. 6222.

329 F.2d 602 (1964)

BOSTON & MAINE RAILROAD, Plaintiff, Appellant, v. The AETNA CASUALTY AND SURETY COMPANY, Defendant, Appellee.

United States Court of Appeals First Circuit.

March 31, 1964.


Attorney(s) appearing for the Case

Lawrence R. Cohen, Boston, Mass., with whom Newton H. Levee, Boston, Mass., was on brief, for appellant.

Richard Wait, Boston, Mass., for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.


HARTIGAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Massachusetts, entered September 30, 1963, after a trial before the court sitting without a jury, dismissing a complaint filed by plaintiff-appellant, Boston & Maine Railroad, which sought recovery on a Railroad Blanket Bond issued by defendant-appellee, Aetna Casualty and Surety Company. The case was tried to the court below upon the basis of a pre...

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