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CAVANAUGH v. FIRST NATIONAL STORES INC.

329 Mass. 179 (1952)

107 N.E.2d 307

MARSHALL C. CAVANAUGH, JUNIOR, & another vs. FIRST NATIONAL STORES INC.

Supreme Judicial Court of Massachusetts, Suffolk.

July 3, 1952.

Attorney(s) appearing for the Case

C. Sheldon Williams, (Dalton E. Smart with him,) for the plaintiffs.

Saul L. Kaplan, (Jeremiah W. Mahoney with him,) for the defendant.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & SPALDING, JJ.

LUMMUS, J.

This is an appeal by the plaintiffs under G.L. (Ter. Ed.) c. 231, § 96, from an order of the Superior Court sustaining the demurrer of the defendant to counts 3 and 4 of the declaration on the ground that they do not state a cause of action. In count 3 the minor plaintiff, Marshall C. Cavanaugh, Junior, alleges that on December 25, 1945, while he was a viable child in the womb of his mother, who was six months...

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