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FIREMAN'S FUND AM. INS. CO. v. CAPT. FOWLER'S MARINA, INC.

Civ. A. No. 70-360-G.

343 F.Supp. 347 (1971)

FIREMAN'S FUND AMERICAN INSURANCE COMPANY, Plaintiff, v. CAPT. FOWLER'S MARINA, INC., Defendant.

United States District Court, D. Massachusetts.

December 28, 1971.

Attorney(s) appearing for the Case

Leo F. Glynn, Boston, Mass., for plaintiff.

Edwin R. Trafton, Boston, Mass., for defendant.

MEMORANDUM AND ORDER

GARRITY, District Judge.

This case arises out of a contract for the winter storage of a yacht and is brought under the maritime and admiralty jurisdiction of the court. The complaint alleges that during the term of the storage agreement between defendant and the yacht's owner (plaintiff's subrogor), defendant breached said agreement by permitting the yacht to be partially destroyed by fire, a result which could have been avoided but...

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