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PAWTUCKET MUTUAL INSURANCE COMPANY v. DOLBY

Civ. A. No. 68-1161-J.

305 F.Supp. 703 (1969)

PAWTUCKET MUTUAL INSURANCE COMPANY, Plaintiff, v. James E. DOLBY, Jr., Kathleen F. Dolby, and David Dolby, Defendants.

United States District Court D. Massachusetts.

October 31, 1969.

Attorney(s) appearing for the Case

Bruce P. Gilmore, Jr., Avery, Dooley, Post & Avery, Boston, Mass., for plaintiff.

Frederick J. Wheeler, Jr., Bushell, Howland & Wheeler, Malden, Mass., for defendants.

OPINION

JULIAN, District Judge.

The plaintiff, the Pawtucket Mutual Insurance Company, brings this action for a declaratory judgment pursuant to 28 U.S.C. section 2201.

The plaintiff seeks a declaration that because of the defendants' alleged failure to give the plaintiff notice of an accident "as soon as practicable," as required by the terms of the insurance policy, the plaintiff owes no duty to the defendants to defend an action for damages now...

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