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McNULTY v. GREAT AMERICAN INS. CO.

Civ. A. No. 88-0894-Y.

727 F.Supp. 45 (1989)

John F. McNULTY, Plaintiff, v. GREAT AMERICAN INSURANCE CO., Defendant.

United States District Court, D. Massachusetts.

December 14, 1989.

Attorney(s) appearing for the Case

Richard J. Shea, Tighe, Curhan, Burwick & Piliero, Boston, Mass., for plaintiff.

Roger Emanuelson, Lecomte, Emanuelson Tick & Doyle, Boston, Mass., for defendant.

MEMORANDUM AND ORDER

YOUNG, District Judge.

This action is brought by John McNulty ("McNulty"), who holds a second mortgage on a property destroyed by fire, to recover money allegedly owed him by the mortgagee's insurance company, Great American Insurance Co. ("Great American"). He asserts two causes of action: one for breach of an oral contract between himself and Great American; the second under the Massachusetts Uniform Commercial Code ("U.C.C."). The...

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