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STOP & SHOP COMPANIES, INC. v. FEDERAL INS. CO.

Civil Action No. 95-12394-PBS.

946 F.Supp. 99 (1996)

STOP & SHOP COMPANIES, INC., Plaintiff, v. FEDERAL INSURANCE COMPANY, Defendant.

United States District Court, D. Massachusetts.

November 19, 1996.

Attorney(s) appearing for the Case

Joseph L. Kociubes, Bingham, Dana & Gould, Boston, MA, Charles S. Treat, Latham & Watkins, San Francisco, CA, for Plaintiff.

Gary J. Valeriano, Anderson, McPaharlin & Conners, Los Angeles, CA, Harry C. Beach, Leonard F. Clarkin, Clarkin, Sawyer & Phillips, P.C., Wellesley, MA, for Federal Insurance Co.

MEMORANDUM OF DECISION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

SARIS, District Judge

INTRODUCTION

Stop & Shop Companies, Inc. ("Stop & Shop") seeks insurance coverage for over 12.5 million dollars in losses diverted by executives of a payroll tax services company from four payments intended for the Internal Revenue Service. Stop & Shop asserts claims for declaratory judgment (Count I), breach of contract (Count II), and breach...

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