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FERRARA & DIMERCURIO v. ST. PAUL MERCURY INS. CO.

No. 00-1137.

240 F.3d 1 (2001)

Ferrara & Dimercurio, Plaintiff, Appellant, v. St. Paul Mercury Insurance Company, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 14, 2001.

Attorney(s) appearing for the Case

Joseph M. Orlando with whom David S. Smith, Brian S. McCormick and Orlando & Associates were on brief for appellant.

Richard H. Pettingell with whom Davis, White, Pettingell & Sullivan, LLC was on brief for appellee.

Before SELYA, Circuit Judge, COFFIN and CAMPBELL, Senior Circuit Judges.

LEVIN H. CAMPBELL, Senior Circuit Judge.

For a second time this case comes to us on appeal. See Ferrara & DiMercurio v. St. Paul Mercury Ins. Co., 169 F.3d 43 (1st Cir.1999)(hereinafter Ferrara I). The facts have not changed.

I. BACKGROUND

On July 3, 1993, the commercial fishing vessel F/V TWO FRIENDS was destroyed by a fire. Plaintiff-Appellant Ferrara & DiMercurio ("F&D"), owner...

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