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McDONOUGH v. HARDWARE DEALERS MUTUAL FIRE INS. CO.

No. 71-1142.

448 F.2d 870 (1971)

Martin J. McDONOUGH, Plaintiff, Appellant, v. HARDWARE DEALERS MUTUAL FIRE INSURANCE COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

September 30, 1971.

Attorney(s) appearing for the Case

Philip D. Epstein, Boston, Mass., with whom Epstein, Goldstein & Feldman, Boston, Mass., was on brief, for appellant.

John E. Lecomte, Boston, Mass., for appellee.

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

ALDRICH, Chief Judge.

Plaintiff McDonough is the owner of a building insured under a standard Massachusetts fire policy issued by the defendant. A fire occurred nearby which required some 700,000 gallons of water to extinguish. Some of this water flowed onto plaintiff's land, damaging the building. Defendant conceded, correctly, see Jiannetti v. National Fire Ins. Co. of Hartford, 1931, 277 Mass. 434, 438, 178 N.E...

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