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PLYMOUTH RUBBER CO. v. INS. CO. OF N. AM., INC

18 Mass. App. Ct. 364 (1984)

465 N.E.2d 1234

PLYMOUTH RUBBER COMPANY, INC. vs. INSURANCE COMPANY OF NORTH AMERICA, INC., & another.

Appeals Court of Massachusetts, Suffolk.

July 17, 1984.

Attorney(s) appearing for the Case

William I. Cowin for the plaintiff.

Richard J. McCarthy for Insurance Company of North America, Inc.

Present: PERRETTA, ROSE, & KASS, JJ.

KASS, J.

Plymouth Rubber Co., Inc. (Plymouth Rubber), seeks to recover under a marine insurance policy issued by Insurance Company of North America, Inc. (INA), for cargo damage resulting from rough handling and improper storage on the dock at Khorramshahr, Iran. We have the following facts from the pleadings, affidavits, and a deposition filed in connection with a motion for summary judgment.

In May of 1973...

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