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KOWALSKI v. GAGNE

No. 90-1134.

914 F.2d 299 (1990)

Linda KOWALSKI, a/k/a Linda Larochelle, etc., Plaintiff, Appellee, v. Richard J. GAGNE, Defendant, Appellant. AETNA LIFE AND CASUALTY COMPANY, Plaintiff in Intervention, Appellee, v. Richard Joseph GAGNE and Linda Kowalski, A/K/A Linda Larochelle as the Administratrix of the Estate of Robert John Kowalski, Defendants in Intervention, Appellees.

United States Court of Appeals, First Circuit.

Decided September 14, 1990.

Attorney(s) appearing for the Case

Daniel M. Wrenn, with whom Milton, Laurence & Dixon, Worcester, Mass., and William K. Danaher, Jr., Springfield, Mass., were on brief, for defendant, appellant.

Charles E. Dibble, Contoocook, N.H., for plaintiff, appellee Linda Kowalski.

John P. Graceffa, with whom Gallagher & Gallagher, P.C., Boston, Mass., was on brief, for plaintiff in intervention, appellee Aetna Life and Cas. Co.

Before CAMPBELL and SELYA, Circuit Judges, and BOWNES, Senior Circuit Judge.

BOWNES, Senior Circuit Judge.

This appeal arises out of a diversity suit brought by plaintiff Linda Kowalski against defendant Richard Gagne, seeking damages under the Massachusetts wrongful death statute for the fatal shooting of plaintiff's husband by defendant. The district court entered judgment on a jury verdict awarding $45,000 to the plaintiff, and defendant now appeals. For the reasons that follow, we affirm.

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