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ACADIA INS. CO. v. McNEIL

No. 96-2240.

144 F.3d 881 (1998)

ACADIA INSURANCE COMPANY, Plaintiff, Appellant, v. Michael McNEIL, et al., Defendants, Appellees, George McNeil, Plaintiff, Appellee.

United States Court of Appeals, First Circuit.

Decided June 16, 1998.

Attorney(s) appearing for the Case

Bruce W. Felmly, with whom J. Kirk Trombley, McLane, Graf, Raulerson & Middleton, Marilyn L. Lytle, and Thacher Proffitt & Wood were on brief, for appellant.

Timothy R. McHugh and Hoch & McHugh on brief for American Institute of Marine Underwriters, amicus curiae.

Christine M. Rockefeller, with whom Burns, Bryant, Hinchey, Cox & Rockefeller, P.A. was on brief, for appellee Michael McNeil.

Emmanuel Krasner, with whom Krasner Professional Association was on brief, for appellee George McNeil.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and LYNCH, Circuit Judge.

PER CURIAM.

This appeal arises out of a dispute over the applicability of a state statute, N.H.Rev.Stat. Ann. § 412:2(II) (Supp.1997), to an insurance policy issued by the appellant, Acadia Insurance Company. In an earlier opinion, we reviewed the background of the dispute and chronicled the proceedings below. See Acadia Ins. Co. v. McNeil, 116 F.3d 599, 600-01 (1st Cir.1997). Then, applying principles of federal law,...

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