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DOHERTY v. BARTLETT

No. 3052.

83 F.2d 259 (1936)

DOHERTY v. BARTLETT et al.

Circuit Court of Appeals, First Circuit.

March 10, 1936.

Attorney(s) appearing for the Case

Robert J. Peaslee, of Concord, N. H., Robert G. Dodge, of Boston, Mass., and Franklin Hollis, of Concord, N. H., for petitioner.

Frank J. Wideman, Asst. Atty. Gen., and J. Louis Monarch and Carlton Fox, Sp. Assts. to Atty. Gen., for respondent.

Before BINGHAM and MORTON, Circuit Judges, and PETERS, District Judge.

BINGHAM, Circuit Judge.

The defendant has presented a motion for rehearing. The ground of the motion is that this court, in its opinion, did not state whether or not it overruled its prior decision in Doherty v. McAuliffe (C.C.A.) 74 F.2d 800, 803. The reason is not far to seek.

In Doherty v. McAuliffe this court had under consideration the construction and application of section 8 of chapter 110A of the General Laws of Massachusetts...

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