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RIZZUTO v. ONSET CAFE, INC.

330 Mass. 595 (1953)

116 N.E.2d 249

NICOLA RIZZUTO, administrator, vs. ONSET CAFE, INC. & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 4, 1953.

Attorney(s) appearing for the Case

William F. Marcella, for the defendants.

Frank G. Lichtenstein & Louis Barsky, for the plaintiff, submitted a brief.

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

WILKINS, J.

The plaintiff is the administrator of the estate of Gaetano Rizzuto, an alleged stockholder of the defendant Onset Cafe, Inc., a Massachusetts corporation. The other defendants are three members of the bar, Felix A. Marcella, his son William F. Marcella, both stockholders, and Francis Juggins, a stakeholder. After hearing on the merits a final decree ordered distribution among the three stockholders of a sum of money in the hands of the defendant Juggins...

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