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LEVY v. INDUSTRIAL NATIONAL BANK OF RHODE ISLAND

No. 656-Appeal.

260 A.2d 919 (1970)

David LEVY v. INDUSTRIAL NATIONAL BANK OF RHODE ISLAND, Walter F. Farrell, James Sinclair and 91065 Corporation.

Supreme Court of Rhode Island.

January 13, 1970.

Attorney(s) appearing for the Case

Tillinghast, Collins & Tanner, Peter J. McGinn, John J. Partridge, Providence, for plaintiff.

Hinckley, Allen, Salisbury & Parsons, Guy J. Wells, Thomas D. Gidley, providence, for executrial National Bank of Rhode Island.

Hogan & Hogan, Edward T. Hogan, Providence, for executors of the Estate of Walter F. Farrell.

Winograd, Winograd & Marcus, Allan M. Shine, Providence, for James Sinclair.

Roberts & McMahon, William F. McMahon, Providence, for 91065 Corp.

OPINION

PAOLINO, Justice.

This action to recover a brokerage commission was heard in 1968 before a justice of the Superior Court sitting without a jury. It is before this Court on the plaintiff's appeal from a judgment entered in the Superior Court after the close of the plaintiff's case granting the defendants' motions to dismiss with prejudice under Rule 41(b)(2)1 of the Rules of Civil Procedure of the Superior Court.

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