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FIREMAN'S FUND INS. CO. v. KELLY

No. 90-2009.

926 F.2d 84 (1991)

FIREMAN'S FUND INSURANCE COMPANY, as Subrogee of Addison Realty Trust, Plaintiff, Appellant, v. Stan KELLY, etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 21, 1991.

Attorney(s) appearing for the Case

Elliott R. Feldman with whom Steven L. Smith, Cozen & O'Connor, John A. Mavricos and Christopher & Ledoux were on brief for appellant.

Roy P. Giarrusso, with whom Cooley, Manion, Moore & Jones, P.C. and William J. Gorenc, Jr., were on brief for appellee Diversitech General, Inc.

Before CAMPBELL, and CYR, Circuit Judges, and ALDRICH, Senior Circuit Judge.

BAILEY ALDRICH, Senior Circuit Judge.

We have before us an extreme case of a plaintiff trying to obtain something for nothing. Plaintiff insurance company sues as subrogee of its insured, the Addison Realty Trust, having paid Addison for the loss of the roof on its insured building caused by a windstorm. The roof had been installed, by one Kelly, of material supplied by defendant Diversitech. Part of Kelly's obligation to Addison was to furnish a warranty from defendant...

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