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BURNHAM v. GUARDIAN LIFE INS. CO. OF AMERICA

No. 88-2115.

873 F.2d 486 (1989)

Joan C. BURNHAM, etc., Plaintiff, Appellant, v. The GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 3, 1989.

Attorney(s) appearing for the Case

Mary P. Harrington with whom Ronan, Strome, Segal & Harrington, Salem, Mass., was on brief for plaintiff, appellant.

David O. Brink with whom Gallagher & Gallagher, P.C., Boston, Mass., was on brief for defendant, appellee.

Before BOWNES and SELYA, Circuit Judges, and CAFFREY, Senior District Judge.

SELYA, Circuit Judge.

This is a hard case — hard not in the sense that it is legally difficult or tough to crack, but in the sense that it requires us, like the court below, to deny relief to a plaintiff for whom we have considerable sympathy. We do what we must, for "it is the duty of all courts of justice to take care, for the general good of the community, that hard cases do not make bad law." United States v. Clark, 96 U.S. 37

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