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MERCHANTS INS. CO. OF NEW HAMPSHIRE, INC. v. USF&G

No. 97-2056.

143 F.3d 5 (1998)

MERCHANTS INSURANCE COMPANY OF NEW HAMPSHIRE, INC., Plaintiff-Appellee, v. UNITED STATES FIDELITY AND GUARANTY CO., Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided May 1, 1998.

Attorney(s) appearing for the Case

James R. Loughman, with whom Donovan & O'Connor was on brief for appellant.

Nina E. Kallen, with whom Neville & Kelley was on brief for appellee.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and SHADUR, Senior District Judge.

SHADUR, Senior District Judge.

United States Fidelity and Guaranty Co. ("USF&G") appeals the order of the United States District Court for the District of Massachusetts granting a Fed.R.Civ.P. ("Rule") 56 summary judgment motion filed by Merchants Insurance Company of New Hampshire, Inc. ("Merchants") and denying the corresponding cross-motion filed by USF&G. Merchants had brought a diversity-of-citizenship action, pursuant to the Declaratory Judgment Act...

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