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DIMAIO FAMILY PIZZA & LUNCH. v. CHARTER OAK FIRE

No. CIV.A.04-30046-KPN.

349 F.Supp.2d 128 (2004)

DIMAIO FAMILY PIZZA & LUNCHEONETTE, INC. and Anthony A. Dimaio, Plaintiffs v. THE CHARTER OAK FIRE INSURANCE COMPANY, Defendant

United States District Court, D. Massachusetts.

December 7, 2004.

Attorney(s) appearing for the Case

Wystan M. Ackerman, Robinson & Cole, LLP, Hartford, CT, Gerald P. Dwyer, Jr., Robinson & Cole, LLP, New York, NY, for The Charter Oak Fire Insurance Company, Defendant.

Mark J. Albano, Dalsey, Ferrara & Albano, Springfield, MA, for Dimaio Pizza & Luncheonette, Inc., Anthony A. Dimaio, Plaintiffs.

MEMORANDUM AND ORDER WITH REGARD TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Document No. 14)

NEIMAN, United States Magistrate Judge.

The Charter Oak Fire Insurance Company ("Charter Oak"), defendant in this matter, has filed a motion for summary judgment in its contract dispute with Dimaio Family Pizza & Luncheonette, Inc. and Anthony Dimaio (together "Plaintiffs"). The parties have consented to this court's jurisdiction pursuant to 28 U.S.C...

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