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UNITED NAT. INS. CO. v. PENUCHE'S, INC.

No. 97-1476.

128 F.3d 28 (1997)

UNITED NATIONAL INSURANCE COMPANY, Plaintiff, Appellant, v. PENUCHE'S, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 6, 1997.

Attorney(s) appearing for the Case

Richard J. Riley, with whom Murphy & Riley, P.C., Boston, MA, was on brief for appellant.

Jeffrey S. Cohen, with whom Gregory R. Kirsch and Sulloway & Hollis, P.L.L.C., Concord, NH, were on brief for appellees.

Before TORRUELLA, Chief Judge, LYNCH, Circuit Judge, and KEETON, District Judge.

TORRUELLA, Chief Judge.

United National Insurance Company ("United National") brought this suit seeking a declaration that it has no duty to defend or indemnify Penuche's, Inc. ("Penuche's"), and its president, Todd Tousley, in a tort action brought by a Penuche's Ale House patron, Thomas Burke. At Penuche's, Burke was involved in an altercation which Tousley attempted to break up. In so doing, Tousley caused Burke to fall...

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