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NORTHERN ASSURANCE COMPANY OF AMERICA v. HEARD

Civil Action No. 09-10654-DPW.

755 F.Supp.2d 295 (2010)

NORTHERN ASSURANCE COMPANY OF AMERICA, Plaintiff, v. Carole and Dennis HEARD, Town of Winthrop and Massachusetts Interlocal Insurance Association, Defendants.

United States District Court, D. Massachusetts.

December 14, 2010.

Attorney(s) appearing for the Case

Olaf Aprans, Terence G. Kenneally, Thomas J. Muzyka, Clinton & Muzyka, P.C., Boston, MA, Samuel P. Blatchley, Partridge, Snow & Hahn LLP, Providence, RI, for Plaintiff.

Arthur E. Maravelis, Tang & Maravelis, P.C., Burlington, MA, for Defendants.

AMENDED1 MEMORANDUM AND ORDER

DOUGLAS P. WOODLOCK, District Judge.

The question presented in this case is whether the owners of a recreational sailboat may recover detention damages for loss of the vessel's use during their planned vacation. A late nineteenth century Supreme Court case contains categorical language on the question, leading circuits which have recently addressed the issue to conclude that detention...

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