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MT. AIRY INS. CO. v. GREENBAUM

Nos. 97-1306, 97-1307.

127 F.3d 15 (1997)

MT. AIRY INSURANCE COMPANY, Plaintiff-Appellee, v. Stephen A. GREENBAUM, et al., Defendants-Appellants. Richard T. Oshana, Jonah Jacob, Defendants-Appellees. MT. AIRY INSURANCE COMPANY, Plaintiff-Appellee, v. Stephen A. GREENBAUM, et al., Defendants-Appellees. Jonah Jacob, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided September 29, 1997.

Attorney(s) appearing for the Case

Gary D. Buseck, with whom McDonough, Hacking & Neumeier was on brief, for appellant Stephen A. Greenbaum.

Robert J. Mailloux, Jr., with whom E. Peter Mullane and Mullane, Michel & McInnes were on brief, for appellant Jonah Jacob.

Jeffrey A. Goldwater, with whom Matthew J. Fink, Michelle M. Bracke, Bollinger, Ruberry & Garvey, Carol A. Griffin, Scott Douglas Burke and Morrison, Mahoney & Miller were on brief, for appellee Mt. Airy Insurance Company.

Before BOUDIN, Circuit Judge, HILL, Senior Circuit Judge, and POLLAK, Senior District Judge.

HILL, Senior Circuit Judge.

Mt. Airy Insurance Company sought a declaratory judgment that it does not have a duty to defend the named defendants in an underlying malpractice action against them. The district court granted summary judgment to Mt. Airy Insurance Company. This appeal ensued.1

I.

Jonah Jacob filed a malpractice action against eight attorneys, including Stephen A. Greenbaum, Richard Oshana, Ira A. Nagel, Howard...

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