DIMAIO FAMILY PIZZA v. THE CHARTER OAK FIRE

No. 05-2459.

448 F.3d 460 (2006)

DiMAIO FAMILY PIZZA & LUNCHEONETTE, INC.; Anthony A. DiMaio, Plaintiffs, Appellants, v. THE CHARTER OAK FIRE INSURANCE COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 30, 2006.


Attorney(s) appearing for the Case

Mark J. Albano, with whom Dalsey, Ferrara & Albano was on brief, for appellants.

Gerald P. Dwyer, Jr., with whom Wystan M. Ackerman and Robinson & Cole LLP were on brief, for appellee.

Before TORRUELLA, LYNCH and LIPEZ, Circuit Judges.


TORRUELLA, Circuit Judge.

On December 7, 2004, the United States District Court for the District of Massachusetts entered summary judgment in favor of Charter Oak Fire Insurance Company ("Charter Oak") in an action brought by appellants Anthony A. DiMaio ("DiMaio") and DiMaio Family Pizza & Luncheonette, Inc. ("DiMaio Family Pizza"). On January 25, 2005, the district court denied appellants' motion for relief from summary judgment under Rules 59(e) and 60(b) of...

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