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UST CAPITAL CORP. v. CHARTER NAT. LIFE INS. CO.

Civ. A. No. 77-21-Z.

684 F.Supp. 757 (1986)

UST CAPITAL CORP., Plaintiff, v. CHARTER NATIONAL LIFE INSURANCE COMPANY, Defendant and Third-Party Plaintiff, v. Barry LEVIN, Earle Groper, Robert Effenson and Irwin Jacobson, Third-Party Defendants and Additional Defendant on Counterclaim.

United States District Court, D. Massachusetts.

July 10, 1986.

Attorney(s) appearing for the Case

Robert D. Keefe, Harold Hestnes, Hale & Dorr, Robert D. Cohan, Boston, Mass., for plaintiff.

Harvey A. Silverglate, Judith H. Mizner, Silverglate, Gertner, Baker, Fine & Good, Boston, Mass., for Levin and Groper.

Robert W. Meserve, Michael J. Liston, Palmer & Dodge, Boston, Mass., Robert G. Clark, III, Office of Robert G. Clark, Jr., Brockton, Mass., Raymond Fitzgerald, David G. Samuels, Butler, Fitzgerald & Potter, New York City, for Charter Nat. Life.

MEMORANDUM OF DECISION

ZOBEL, District Judge.

Plaintiff, UST Capital Corp. ("UST"), assignee of an insurance policy ("policy") issued by defendant and third-party plaintiff Charter National Life Insurance Company ("Charter"), brought this action to recover the face value of the policy. In its Answer to Amended Complaint, filed in October 1985 — some eight years after this action was commenced

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