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CALIFORNIA PLANT PROTECTION v. ZAYRE CORP.

No. 94-P-486.

39 Mass. App. Ct. 627 (1996)

CALIFORNIA PLANT PROTECTION, INC. vs. ZAYRE CORPORATION & others.

Appeals Court of Massachusetts, Middlesex.

January 22, 1996.

Attorney(s) appearing for the Case

Daniel R. Deutsch for the plaintiff.

Andre A. Sansoucy for the defendants.

Joseph C. Tanski & Joseph C. Marrow for Massachusetts Insurers Insolvency Fund, amicus curiae, submitted a brief.

Present: BROWN, GILLERMAN, & LENK, JJ.

GILLERMAN, J.

This appeal has to do with the statute creating and regulating the Massachusetts Insurers' Insolvency Fund (the Fund),2 G.L.c. 175D. The case comes to us on cross motions for summary judgment on the third-party complaint of California Plant Protection, Inc. (CPP), against the third-party defendants, see note 1, supra (collectively TJX); the judge of the Superior Court...

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