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E. CLEMENS HORST CO. v. FEDERAL MUT. LIABILITY INS. CO.

No. 4246.

33 F.Supp. 598 (1940)

E. CLEMENS HORST CO. v. FEDERAL MUT. LIABILITY INS. CO.

District Court, D. Massachusetts.

April 30, 1940.

Attorney(s) appearing for the Case

Ropes, Gray, Boyden & Perkins and Charles B. Rugg, all of Boston, Mass., for plaintiff.

David H. Fulton, of Boston, Mass., for defendant.

McLELLAN, District Judge.

This suit, started prior to the adoption of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, seeks reformation of certain insurance contracts and recovery of a portion of the premiums paid thereunder, alleged to be in excess of the amounts due according to the true agreement of the parties. The plaintiff is a New Jersey corporation, and the defendant is a Massachusetts corporation. The case was tried upon written...

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