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SPURLIN v. MERCHANTS INS. CO. OF NEW HAMPSHIRE

No. 94-2232.

57 F.3d 9 (1995)

Edgar SPURLIN, Plaintiff, Appellant, v. MERCHANTS INSURANCE COMPANY OF NEW HAMPSHIRE, d/b/a Merchants Insurance Group, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 7, 1995.

Attorney(s) appearing for the Case

W. Stanley Cooke, Pittsfield, MA, for appellant.

Carol A. Griffin with whom Robert M. Mack and Morrison, Mahoney & Miller, Springfield, MA were on brief, for appellee.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and BOUDIN, Circuit Judge.

BOUDIN, Circuit Judge.

On June 8, 1984, Gilbert Fox left his car for repairs at Yankee Dodge, a Schenectady, New York, car dealership and service shop. Yankee Dodge gave him a "loaner" car to use until the repairs were completed. Later that day, Fox was involved in an auto accident in Massachusetts while driving the loaner car. His passenger, Edgar Spurlin, was badly injured.

In August 1986, Spurlin filed a tort action against Fox and Yankee Dodge in Massachusetts...

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