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KEITH FULTON & SONS, INC. v. CONTINENTAL INS. CO. OF CITY OF N. Y.

Civ. A. No. 65-349-G.

273 F.Supp. 486 (1967)

KEITH FULTON & SONS, INC., Plaintiff, v. CONTINENTAL INSURANCE COMPANY OF the CITY OF NEW YORK, Defendant.

United States District Court D. Massachusetts.

September 27, 1967.

Attorney(s) appearing for the Case

John O. Parker, Daniel B. Bickford, Ely, Bartlett, Brown & Proctor, Boston, Mass., for plaintiff.

Thomas D. Burns, Burns & Levinson, Boston, Mass., for defendant.

MEMORANDUM AND INTERLOCUTORY ORDER

GARRITY, District Judge.

Plaintiff, Keith Fulton & Sons, Inc. ("Fulton"), a trucking company, has sued the defendant, Continental Insurance Company of the City of New York ("Continental"), on a liability insurance policy issued by the defendant. The plaintiff allegedly became liable to one of its customers, Bethlehem Steel Corp. ("Bethlehem"), when part of a lathe belonging to Bethlehem fell from the plaintiff's truck...

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