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ARKWRIGHT MUTUAL INSURANCE COMPANY v. STATE STREET BANK & TRUST COMPANY

428 Mass. 600 (1998)

ARKWRIGHT MUTUAL INSURANCE COMPANY v. STATE STREET BANK & TRUST COMPANY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 23, 1998.

Attorney(s) appearing for the Case

Andrew F. Caplan for the plaintiff.

William A. Worth for the defendants.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

LYNCH, J.

At the close of the evidence in a bench trial a Superior Court judge allowed the defendants' motion to dismiss under Mass. R. Civ. P. 41 (b) (2), 365 Mass. 803 (1974).2 The plaintiff filed a timely appeal, and we took the case here on our own motion. We now affirm.3

The judge made no findings of fact, but considered the uncontroverted evidence and...

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