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ROSSI SHEET METAL WORKS v. AM. EMP. INS. CO.

Civ. A. No. 76-0483.

439 F.Supp. 895 (1977)

ROSSI SHEET METAL WORKS and E. L. Fielding Electric, Inc. v. AMERICAN EMPLOYERS INSURANCE CO.

United States District Court, D. Rhode Island.

May 11, 1977.

Attorney(s) appearing for the Case

Thomas W. Heald, Providence, R. I., for plaintiffs.

David E. Shipley and Peter J. McGinn, Providence, R. I., for defendant.

MEMORANDUM AND ORDER

PETTINE, Chief Judge.

This action by subcontractors on a surety bond was removed here by defendant on grounds of diversity of citizenship, and defendant now moves that the case be dismissed on the grounds that a clause in the bond limits suits to the Massachusetts courts. Plaintiffs urge that the motion to dismiss be denied, or, in the alternative, that the case be remanded. The remand motion and the dismissal motion stem from differing...

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