Legal Opinion
Rossi Sheet Metal Works v. American Employers Insurance
District Court, D. Rhode Island
Decided May 11, 1977No. Civ. A. 76-0483PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
PETTINE, Chief Judge.
This action by subcontractors on a surety bond was removed here by defendant on grounds of diversity of citizenship, and defendant now moves that the case be dismissed on the grounds that a clause in the bond limits suits to the Massachusetts courts. Plaintiffs urge that the motion to dismiss be denied, or, in the alternative, that the case be remanded. The remand motion and the dismissal motion stem from differing interpretations of the legal effect of the terms of the bond. That instrument, executed by defendant and the general contractor for a…
2Cases cited7 opinions
- Central Contracting Co. v. Maryland Casualty Co.Court of Appeals for the Third Circuit · 1966
- O. W. Weeks v. The Fidelity and Casualty Company of New YorkCourt of Appeals for the Fifth Circuit · 1955
- AC BEALS COMPANY v. Rhode Island HospitalSupreme Court of Rhode Island · 1972
- Leesona Corporation v. Concordia Mfg. Co.District Court, D. Rhode Island · 1970
- General Electric Co. v. Lexington Contracting Corp.Massachusetts Supreme Judicial Court · 1973
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3Cited by2 opinions
- Transure, Inc., a California Corporation Transure, Ltd., a British Corporation v. Marsh and McLennan Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1985
- Simplex Time Recorder Co. v. Federal InsuranceMassachusetts Appeals Court · 1994