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KEARSARGE METALLURGICAL CORP. v. PEERLESS INS. CO.

383 Mass. 162 (1981)

418 N.E.2d 580

KEARSARGE METALLURGICAL CORPORATION vs. PEERLESS INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 13, 1981.

Attorney(s) appearing for the Case

Allan Green (Robert D. Friedman with him) for the defendant.

Irvin D. Gordon for the plaintiff.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, WILKINS, & ABRAMS, JJ.

ABRAMS, J.

The defendant Peerless Insurance Company (Peerless) appeals from the entry of summary judgment against it and in favor of Kearsarge Metallurgical Corporation (Kearsarge), enforcing an arbitration award against Peerless. Kearsarge had previously obtained an arbitration award against Waghorne-Brown Company of N.E., Inc. (Waghorne), Peerless's principal under a performance and payment bond issued by Peerless. Peerless claims that the judge erred by (1) denying...

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