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FOWLER v. BOISE CASCADE CORP.

Nos. 90-1818, 90-1879.

948 F.2d 49 (1991)

Mark A. FOWLER and Famah Fowler, Plaintiffs, Appellees, v. BOISE CASCADE CORPORATION, Defendant and Third Party Plaintiff, Appellant, v. I.M.C. OF VIRGINIA and Commercial Union Insurance Companies, Third Party Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 29, 1991.

Rehearing and Rehearing Denied December 3, 1991.

Attorney(s) appearing for the Case

James M. Bowie with whom Elizabeth G. Knox and Thompson & Bowie, Portland, Me., were on brief, for appellant.

C. Donald Briggs with whom Joseph M. Cloutier & Associates, Rockport, Me., was on brief, for appellees.

James C. Hunt with whom Frederick C. Moore, and Robinson, Kriger, McCallum & Greene, P.A., Portland, Me., were on brief, for I.M.C. of Virginia, third party defendant, appellee.

Harold J. Friedman, Portland, Me., for Commercial Union Ins. Companies, third party defendant, appellee.

Before TORRUELLA, Circuit Judge, HILL and BOWNES, Senior Circuit Judges.

Rehearing and Rehearing En Banc Denied December 3, 1991.

BOWNES, Senior Circuit Judge.

This is a consolidated appeal from two judgments, one in tort and the other in contract. The contract action derives from the tort action. Jurisdiction over both actions is based on diversity of citizenship. The controlling law is the substantive law of the state of Maine.

The Parties and Procedural History of Case

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