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WALTER & SHUFFAIN, P.C. v. CPA MUTUAL INS. CO.

Civil Action No. 06-10163-NG.

660 F.Supp.2d 116 (2009)

WALTER & SHUFFAIN, P.C., et al., Plaintiffs, v. CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP, et al., Defendants and Third-Party Plaintiffs, v. Craighead Glick, LLP, Third-Party Defendant, and Rudolph Friedmann LLP, Third-Party Defendant and Fourth-Party Plaintiff, v. Gary H. Barnes, et al., Fourth-Party Defendants.

United States District Court, D. Massachusetts.

September 25, 2009.

Attorney(s) appearing for the Case

Joseph S. Berman, Richard J. Grahn, Looney & Grossman, Boston, MA, for Plaintiffs.

William T. Bognert, Michele Carlucci, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Boston, MA, for Third-Party Defendant.

Andrew F. Caplan, Burns & Levinson LLP, Boston, MA, for Third-Party Plaintiff/Defendant/Fourth Party Defendant.

John W. Chamberlain, Jr., Stephen J. Duggan, Lynch & Lynch, South Easton, MA, for Third-Party Defendant/Counter Claimant/Fourth Party Plaintiff.

Charles P. Kindregan, Looney & Grossman, Boston, MA, Counter Defendant/Plaintiff.

John J. McGivney, David B. Stanhill, Rubin & Rudman LLP, Boston, MA, for Fourth Party Defendant.

Michael G. Tracy, Rudolph Friedmann LLP, Boston, MA, for Plaintiff/Counter Defendant.

NANCY GERTNER, Judge.

The Court adopts the Magistrate Judge's conclusion that the facts as alleged in Fourth-Party Plaintiff Rudolph Friedmann LLP's complaint do not support any contractual or tort-based theory of indemnification, there being no objection. "Accordingly, the Fourth-Party Defendants' Motion for Judgment on the Pleadings on Count II is allowed, and Rudolph Friedmann's claim for indemnification is dismissed...

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