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HANEY v. LENTHERIC, INC.

Civ. A. No. 51-186.

98 F.Supp. 147 (1951)

HANEY v. LENTHERIC, Inc., et al.

United States District Court D. Massachusetts.

June 7, 1951.

Attorney(s) appearing for the Case

Thomas H. Mahony, Herbert U. Smith, Boston, Mass., for plaintiff.

Fernand A. Boudreau and Foley, Hoag & Eliot, all of Boston, Mass., for defendants.

SWEENEY, Chief Judge.

There is before me a motion to dismiss the action or, in lieu thereof, to quash return of service of the trustee writ, on the ground that the Court lacks jurisdiction of the subject matter, because no bond has been filed as required by the trustee process statute, Mass.G.L. (Ter.Ed.) c. 246, § 1. That statute requires the filing of a bond when an action is brought by trustee process when the ad damnum is in excess of $1,000 "except...

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