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PITTSFIELD GENERAL HOSPITAL v. MARKUS

355 Mass. 519 (1969)

246 N.E.2d 444

PITTSFIELD GENERAL HOSPITAL vs. FREDERICK E. MARKUS & others.

Supreme Judicial Court of Massachusetts, Berkshire.

April 3, 1969.

Attorney(s) appearing for the Case

William W. Simons for the plaintiff.

Herman Snyder for Markus & Nocka, Inc. (Steven J. Comen, for Frederick E. Markus & another, with him).

Present: WILKINS, C.J., SPALDING, WHITTEMORE, KIRK, & REARDON, JJ.

SPALDING, J.

The plaintiff's amended declaration contained four counts and named as defendants Frederick E. Markus and Paul F. Nocka, individually and doing business under the name of Markus & Nocka, and Markus & Nocka, Inc., a corporation. Two demurrers were filed to all of the counts, one by the individual defendants and the partnership, and the other by the corporation. Each demurrer was overruled as to count 1 and sustained as to counts 2, 3 and 4. The...

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