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GORDON CHEMICAL CO. INC. v. AETNA CASUALTY & SURETY CO

358 Mass. 632 (1971)

266 N.E.2d 653

GORDON CHEMICAL CO., INC. & others vs. THE AETNA CASUALTY AND SURETY COMPANY & others.

Supreme Judicial Court of Massachusetts, Worcester.

February 2, 1971.

Attorney(s) appearing for the Case

Francis E. Dooley, Jr., for Factory Insurance Association.

Francis P. O'Connor for Gordon Chemical Co., Inc.

Present: TAURO, C.J., SPALDING, CUTTER, REARDON, & QUIRICO, JJ.

SPALDING, J.

This is an action of contract to recover for business interruption loss on an insurance policy. It was submitted on a case stated and there was a finding, in the amount of $211,350, for the plaintiff Gordon Chemical Co., Inc. (hereinafter sometimes called the plaintiff) which we treat as an order for judgment.1 Shrewsbury v. Murphy, 333 Mass. 290, 291. The defendant

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