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MAINE DRILLING & BLASTING, INC. v. INS. CO. OF N. AMER.

No. 93-2230.

34 F.3d 1 (1994)

MAINE DRILLING AND BLASTING, INC., Plaintiff, Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 29, 1994.

Certification Order August 29, 1994.

Attorney(s) appearing for the Case

Stephen B. Wade, with whom Skelton, Taintor & Abbott, Auburn, ME, was on brief, for appellant.

James D. Poliquin, with whom Norman, Hanson & Detroy, Portland, ME, was on brief, for appellee Ins. Co. of North America.

Before BREYER, Chief Judge, COFFIN, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

TORRUELLA, Circuit Judge.

Plaintiff-appellant Maine Drilling & Blasting, Inc., ("MD & B"), subcontracted with an excavation contractor to perform some blasting work on a building construction site. By mistake, MD & B blasted too far into the ground, leaving an unstable building foundation which the excavation contractor had to fix at considerable cost. Following litigation and arbitration, MD & B accepted an...

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