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NASCIMENTO v. PREFERRED MUT. INS. CO.

No. 07-1792.

513 F.3d 273 (2008)

Jack NASCIMENTO, Plaintiff, Appellant, v. PREFERRED MUTUAL INSURANCE COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 18, 2008.

Attorney(s) appearing for the Case

Kevin D. Withers, with whom Robert L. Quinn and Egan, Flanagan & Cohen, P.C. were on brief, for appellant.

Michael J. Case, with whom Mark R. Freitas, Robert D. Sullivan, Jr., and Wilson, Elser, Moskowitz, Edelman & Dicker LLP were on brief, for appellee.

Before BOUDIN, Chief Judge, SELYA, Senior Circuit Judge, AND GELPÍ, District Judge.

GELPÍ, District Judge.

Jack Nascimento appeals a district court judgment declaring that Preferred Mutual Insurance Company ("Preferred Mutual") is under no contractual obligation to defend him in an environmental liability suit brought against him by his neighbors, Tiago and Maria Leal. We affirm, albeit on slightly different grounds than those relied upon by the district court.

I. Relevant Factual and Procedural Background

On January...

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