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REICHER v. BERKSHIRE LIFE INS. CO. OF AMERICA

No. 03-1559.

360 F.3d 1 (2004)

David L. REICHER, D.P.M.; Affiliated Podiatrists, P.A., Plaintiffs, Appellants, v. BERKSHIRE LIFE INSURANCE COMPANY OF AMERICA; The Guardian Life Insurance Company of America, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 23, 2004.

Attorney(s) appearing for the Case

Michael K. Mattchen, with whom Edward T. Dangel, III was on brief for appellants.

Edward K. Kimball, with whom David L. Kalib was on brief for appellees.

Before BOUDIN, Chief Judge, LOURIE and LYNCH, Circuit Judges.

LOURIE, Circuit Judge.

David Reicher and Affiliated Podiatrists appeal from the decision of the United States District Court for the District of Massachusetts dismissing their claims asserting unfair claims settlement practices in violation of Chapter 93A of the Massachusetts General Laws. That decision was based on the district court's finding that the alleged unfair practices had not been conducted "primarily and substantially" within the Commonwealth of Massachusetts...

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