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GIACALONE v. RAYTHEON MANUFACTURING CO.

No. 4895.

222 F.2d 249 (1955)

Angelo GIACALONE, Plaintiff-Appellant, v. RAYTHEON MANUFACTURING CO., Defendant-Appellee.

United States Court of Appeals First Circuit.

May 6, 1955.

Attorney(s) appearing for the Case

Thomas B. Shea, Boston, Mass., with whom Leo P. Doherty, Boston, Mass., was on brief, for appellant.

Samuel P. Sears, Boston, Mass., for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

WOODBURY, Circuit Judge.

The plaintiff-appellant, a citizen of Massachusetts, brought suit in the court below in two counts, one sounding in tort for negligence and the other sounding in contract for breach of warranty, against the defendant, a Delaware corporation, to recover damages for the loss of his fishing vessel "Marsala" which burned and sank while on a fishing trip. Since there can be no doubt that the matter in controversy exceeds the sum or value of $3...

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