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KELLEY v. VERMONT MUT. INS. CO.

No. CIV.A.2005-10602 RBC.

407 F.Supp.2d 301 (2005)

Steven J. KELLEY, as Trustee of CC Realty Trust, Plaintiff, v. VERMONT MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, D. Massachusetts.

December 15, 2005.

Attorney(s) appearing for the Case

Robert M. Mendillo, Alexander Klibaner, Sally & Fitch, Boston, MA, for Steven J. Kelley, Plaintiff.

Douglas F. Hartman, Matthew Mahoney, William O. Monahan, Monahan & Associates, P.C., Boston, MA, for Vermont Mutual Insurance Company, Defendant.

MEMORANDUM AND ORDER ON PLAINTIFF'S MOTION TO AMEND THE COMPLAINT AND TO REMAND (# 7)

COLLINGS, United States Magistrate Judge.

I. Introduction

On February 23, 2005, plaintiff Steven J. Kelley, as Trustee of CC Realty Trust (hereinafter "CC"), filed a complaint against defendant Vermont Mutual Insurance Company (hereinafter "Vermont Mutual") alleging two claims: breach of contract and violation of Massachusetts General...

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