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MARSHALL v. BAILEY

362 Mass. 747 (1973)

291 N.E.2d 413

DAVID H. MARSHALL vs. FREDERICK W. BAILEY & another.

Supreme Judicial Court of Massachusetts, Plymouth.

January 4, 1973.

Attorney(s) appearing for the Case

Edmund M. Pitts for David H. Marshall.

David H. Kravetz for Irving Widett, trustee.

Earle S. Tyler, for the defendants, submitted a brief.

Present: TAURO, C.J., REARDON, HENNESSEY, KAPLAN, & WILKINS, JJ.

WILKINS, J.

The plaintiff Marshall presents his exception to the allowance of a motion to substitute his trustee in bankruptcy Mr. Irving Widett as plaintiff in this action of contract for amounts allegedly due to Marshall for services rendered to the defendants. The motion to substitute was heard on the plaintiff's declaration and the facts set forth in the motion itself. The action has not been tried or otherwise disposed of. No party has objected to the presentation...

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