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GREAT NORTHERN INS. CO. v. PAINO ASSOCIATES

Civil Action No. 02-12126-WGY.

457 F.Supp.2d 104 (2006)

GREAT NORTHERN INSURANCE COMPANY as subrogee of National Grange Mutual Insurance Company, CNA Commercial Insurance Company as subrogee of Group Benefit Strategies, and National Grange Mutual Insurance Company, Plaintiffs, v. PAINO ASSOCIATES, and Massachusetts Turnpike Authority, Defendants/Third-Party Plaintiffs, v. Caliber One Indemnity Co., Third-Party Defendant, v. Transcore, Inc., Defendant/Third-Party Defendant/Fourth-Party Plaintiff, v. Manpower, Inc., Fourth-Party Defendant.

United States District Court, D. Massachusetts.

October 23, 2006.

Attorney(s) appearing for the Case

Sally A. Vander Weele, Law Offices of Thomas M. Niarchos, Boston, MA, for Consolidated Plaintiff.

James P. Cullen, Jr., Jonathan Hurwitz, Joseph F. Rich, Cozen & O'Connor, Philadelphia, PA, Patrick J. Loftus, III, Law Offices of Patrick Loftus, Boston, MA, for Plaintiffs.

John C. Barker, John Racicot, Paul Michienzie, Richard A. Sawin, Jr., Michienzie & Sawin, LLC, Erica L. Silverman, Joseph H. Aronson, Michael J. McCormack, The McCormack Firm, LLC, Boston, MA, for Defendants/Third-Party Plaintiffs.

Matthew C. Oleyer, Richard B. Kirby, Keegan, Werlin & Pabian, LLP, Boston, MA, for Defendant/Third-Party Defendant/Fourth-Party Plaintiff.

Michael J. Grace, Edward F. Whitesell, Jr., Adler, Pollock & Sheehan, PC, Boston, MA, for Fourth-Party Defendant.

MEMORANDUM AND ORDER

YOUNG, District Judge

I. INTRODUCTION

A detailed description of the facts underlying this case and the procedural history prior to this motion can be found in Judge Keeton's opinions of April 13, 2005 [Doc. No. 137] ("April Op.") and May 18, 2005 [Doc. No. 139] ("May Op."). It is adequate here to describe the procedural posture and facts most immediately relevant to this motion.

A. Procedural Posture

...

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