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U.S. v. LUMBERMENS MUT. CAS. CO., INC.

No. 89-2004.

917 F.2d 654 (1990)

UNITED STATES of America, Plaintiff, Appellee, v. LUMBERMENS MUTUAL CASUALTY COMPANY, INC., Defendant, Appellee. Ossipee Insurance Agency, Inc., Third-Party Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 30, 1990.

Attorney(s) appearing for the Case

Francis G. Murphy, Jr., with whom David W. Hess, and Nixon, Hall & Hess Professional Association, Manchester, N.H., were on brief, for appellant.

Gretchen Leah Witt, Asst. U.S. Atty., with whom Jeffrey R. Howard, U.S. Atty., Concord, N.H., was on brief for the U.S.

David Woodbury, Bedford, N.H., for defendant, appellee.

Before CAMPBELL, Circuit Judge, BOWNES, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

LEVIN H. CAMPBELL, Circuit Judge.

After a fire destroyed a house and barn on real estate owned by the Veterans Administration (the "VA"), the VA sued an insurance company, Lumbermens Mutual Casualty Company ("LMC"), for coverage under a homeowner's policy that LMC had issued to a prior owner of the property. LMC defended in part on the ground that, as the VA was not named in the insurance contract, it had no right to recover under the policy. LMC also brought third...

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