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PACIFIC INS. CO., LTD. v. EATON VANCE MANAGEMENT

No. CIV.A. 00-11128-JLT.

260 F.Supp.2d 334 (2003)

PACIFIC INSURANCE COMPANY, LIMITED, Plaintiff, v. EATON VANCE MANAGEMENT, Defendant.

United States District Court, D. Massachusetts.

April 30, 2003.

Attorney(s) appearing for the Case

Harvey Weiner, Peabody & Arnold LLP, Boston, MA, for Pacific Insurance Company, Limited, Plaintiff.

Jeffrey B. Maletta, Kirkpatriek & Lockhart, Washington, DC, D. Lloyd Macdonald, Kirkpatrick & Lockhart, Boston, MA, for Eaton Vance Management, Defendant.

MEMORANDUM

TAURO, District Judge.

Plaintiff, Pacific Insurance Company, Limited ("Pacific"), seeks a declaration that Pacific's Mutual Fund Errors and Omissions Policy ("Policy") does not cover Defendant Eaton Vance Management's ("Eaton Vance") claim, which arises from Defendant's failure to fund a particular profit sharing plan ("Plan"). Both parties filed cross-motions for summary judgment with respect to liability. This court issued a Memorandum...

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