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IMPROVED MACHINERY, INC. v. MERCHANTS MUTUAL INS. CO.

349 Mass. 461 (1965)

208 N.E.2d 796

IMPROVED MACHINERY, INC. & another vs. MERCHANTS MUTUAL INSURANCE CO. & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 30, 1965.

Attorney(s) appearing for the Case

John H. Fletcher Calver (John F. Finnerty with him) for the plaintiffs.

Edward F. Flynn & Edward Nappan, for the Merchants Mutual Insurance Co., submitted a brief.

Present: WILKINS, C.J., WHITTEMORE, KIRK, SPIEGEL, & REARDON, JJ.

REARDON, J.

This is a bill for declaratory relief brought by Improved Machinery, Inc. (Improved), and The Aetna Casualty and Surety Company (Aetna) against Merchants Mutual Insurance Co. (Merchants) and The Home National Bank of Brockton. The case has been reported to us by a judge of the Superior Court without decision.

We summarize the statement of agreed facts. Aetna issued a so called general or comprehensive liability policy to Improved. This was in effect...

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