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CHARLES DOWD BOX CO. INC. v. FIREMAN'S FUND INS. CO.

351 Mass. 113 (1966)

218 N.E.2d 64

CHARLES DOWD BOX CO. INC & another vs. FIREMAN'S FUND INSURANCE COMPANY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 13, 1966.

Attorney(s) appearing for the Case

John W. Burke (Joseph J. Hurley with him) for Fireman's Fund Insurance Company & others; Robert E. McCourt, for Merchants and Business Men's Mutual Insurance Company, also with him.

Sumner H. Babcock (Wilmot R. Hastings & Everett H. Parker with him) for the plaintiffs.

Present: WILKINS, C.J., SPALDING, CUTTER, SPIEGEL, & REARDON, JJ.

SPIEGEL, J.

This is an action of contract against thirty-nine insurance companies to recover, under sixty-one insurance policies, damages resulting from a fire on the plaintiffs'1 premises on July 11, 1960, and a "rekindling" of that fire on July 16, 1960. The parties stipulated that the "question of liability" be submitted to the jury, and that the question of damages be reserved for subsequent hearings subject to the order of the trial...

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