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METROPOLITAN LIFE INS. CO. v. DITMORE

Nos. 83-1655, 83-1673.

729 F.2d 1 (1984)

METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, Appellant, v. Dan A. DITMORE, M.D., and Sea Island, P.C., Defendants, Appellees. METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, Appellee, v. Dan A. DITMORE, M.D., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 24, 1984.

Attorney(s) appearing for the Case

Will J. Bangs, Boston, Mass., with whom Mitchell H. Kaplan, and Choate, Hall & Stewart, Boston, Mass., were on brief, for Metropolitan Life Ins. Co.

Kenneth A. Behar, Boston, Mass., with whom Edward D. Kalman, and O'Leary, Behar & Kalman, Boston, Mass., were on brief, for Dan A. Ditmore, M.D., et al.

Before COFFIN, BOWNES and BREYER, Circuit Judges.

BOWNES, Circuit Judge.

This diversity action involves overpayments of health insurance benefits alleged to have been caused by false and misleading statements in claim forms submitted by the defendants. Plaintiff, Metropolitan Life Insurance Company (Metropolitan), is a New York corporation with its principal place of business in New York; defendant Dr. Dan Ditmore is a Massachusetts citizen, and codefendant Sea Island is Dr. Ditmore's wholly-owned Massachusetts professional...

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