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FRANCHI CONST. CO. v. COMBINED INS. CO. AMERICA

No. 77-1242.

580 F.2d 1 (1978)

FRANCHI CONSTRUCTION CO., INC., Plaintiff, Appellee, v. COMBINED INSURANCE COMPANY OF AMERICA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 30, 1978.

Attorney(s) appearing for the Case

James D. St. Clair, Boston, Mass., with whom John G. Fabiano and Hale & Dorr, Boston, Mass., were on brief, for defendant, appellant.

James R. DeGiacomo, Boston, Mass., with whom Judith K. Wyman, Loring A. Cook, III, and Roche, Carens & DeGiacomo, Boston, Mass., were on brief, for plaintiff, appellee.

Before CAMPBELL, Circuit Judge, BOWNES, Circuit Judge, GORDON, District Judge.

MYRON L. GORDON, District Judge.

This action was commenced in superior court, Middlesex County, Massachusetts, by the plaintiff-appellee Franchi Construction Company, Inc. (Franchi). The defendant-appellant Combined Insurance Company of America (Combined) removed the action to the United States district court for the district of Massachusetts, pursuant to 28 U.S.C. § 1441, claiming diversity of citizenship as the jurisdictional basis. 28 U.S.C. § 1332. The...

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