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accident affidavit alleged amended answer appellee apply asserted attorney Bank bill of particulars bond Bull burden of proof Casualty Company cause of action Circuit Court Circuit Judges Civil Procedure claim complaint conclusions of law conflict of laws contract contributory negligence Corporation counterclaim Court of Appeals damages decision declaratory judgment defendant's denied depositions determination directed verdict discretion District Court documents Editorial Headnote entered entitled equity evidence examination federal court Federal Rules filed findings of fact granted Indemnity Company insurance company interrogatories issue joinder Judgment on Pleadings jurisdiction jury litigation Massachusetts matter misjoinder motion to dismiss objections opinion paragraph party patent pending person plaintiff Pleadings Subdivision proceeding question record relief Rule 12 Rule 26 Rule 34 Rules of Civil Section service of process Southern District statute suit summary judgment Supp supra Supreme Court tion Tompkins tria1 trust Tucker Act United Western District York