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KERLINSKY v. FIDELITY & DEPOSIT CO. OF MARYLAND

Civ. A. No. 85-0353-F.

690 F.Supp. 1112 (1987)

Louis KERLINSKY, Trustee in Bankruptcy for the Estate of Walker Painting Corporation, Plaintiff, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND, Defendant.

United States District Court, D. Massachusetts.

May 5, 1987.

Attorney(s) appearing for the Case

Louis Kerlinsky, Springfield, Mass., for plaintiff.

Harvey Weiner, Allen N. David, Peabody & Arnold, Boston, Mass., for defendant.

MEMORANDUM AND ORDER

FREEDMAN, Chief Judge.

This is a diversity action brought by a trustee in bankruptcy, alleging that defendant's failures to settle the bankrupt's contract suit and to promptly pay an executed judgment in that suit constitute violations of Mass.Gen. Laws ch. 93A and ch. 176D, and that the defendant's conduct was otherwise tortious.

This matter is presently before the Court upon the plaintiff's objections to the Magistrate's December...

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