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MATTHEWS AND FIELDS LUMBER CO. v. NEW ENGLAND INS. CO.

No. 99-CV-6314L.

113 F.Supp.2d 574 (2000)

MATTHEWS AND FIELDS LUMBER CO., INC., Plaintiff, v. NEW ENGLAND INSURANCE COMPANY, Defendant.

United States District Court, W.D. New York.

September 26, 2000.

Attorney(s) appearing for the Case

George DesMarteau, DesMarteau & Beale, Rochester, MN, for Matthews and Fields Lumber Co., Inc., plaintiffs.

Patrick J. Solomon, Nixon, Peabody LLP, Rochester, MN, for New England Insurance Company, defendants.

DECISION AND ORDER

LARIMER, Chief Judge.

The complaint in this action was originally filed in New York State Supreme Court, Monroe County, in May 1998. The complaint alleges that defendant, New England Insurance Company ("New England") breached certain duties that it owed to plaintiff, Matthews and Fields Lumber Co., Inc. (sometimes "M & F"), with respect to defendant's amendment of a defined benefit...

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