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FIREMAN'S FUND AMERICAN INS. CO. v. BOSTON HARBOR MARINA

No. 7153.

406 F.2d 917 (1969)

FIREMAN'S FUND AMERICAN INSURANCE COMPANY, Plaintiff, Appellant, v. BOSTON HARBOR MARINA, INC., Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided January 31, 1969.

Attorney(s) appearing for the Case

Richard A. Dempsey, Boston, Mass., with whom Glynn & Dempsey, Boston, Mass., was on brief, for plaintiff-appellant.

Donald P. Wieners, Boston, Mass., with whom Burke, Monaghan & McGrath, Boston, Mass., was on brief, for defendant-appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

During the winter season 1965-66 the yacht Noruna VI, owned by one Feinberg, a citizen of Massachusetts, was stored inside a building belonging to defendant Boston Harbor Marina, Inc., a Massachusetts corporation. The storage contract provided that Feinberg would carry his own insurance and that the yard "will not be liable for loss of or damage to said property under any circumstances including, but not limited to fire, theft, vandalism, water...

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