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BURKE v. MARLBORO AWNING CO.

330 Mass. 294 (1953)

113 N.E.2d 222

MURIEL BURKE & another vs. MARLBORO AWNING CO. & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 5, 1953.

Attorney(s) appearing for the Case

Walter R. Morris, for the plaintiffs.

Edmund R. Dewing, for the defendants Batchelder and another, submitted a brief.

Present: QUA, C.J., LUMMUS, SPALDING, WILLIAMS, & COUNIHAN, JJ.

WILLIAMS, J.

This is a suit in equity by two judgment creditors of the Marlboro Awning Co., a Massachusetts corporation, to recover from the corporation and from its directors the balances remaining due on the judgments. The bill, which states that it is brought in behalf of the plaintiffs and other creditors of the corporation who may join as plaintiffs, contains the following allegations. On March 1, 1946, the plaintiffs commenced an action of tort

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