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SALTER v. SCOTT

363 Mass. 396 (1973)

294 N.E.2d 219

LEONARD J. SALTER, trustee in bankruptcy, vs. MARGARET C. SCOTT, administratrix, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 29, 1973.

Attorney(s) appearing for the Case

Peter J. Gagne (Sally A. Corwin with him) for the plaintiff.

Joseph A. Marino, for the defendant, submitted a brief.

Present: TAURO, C.J., QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.

WILKINS, J.

In the particular circumstances of this case, which the Superior Court transferred for trial under G.L.c. 231, § 102C, we must determine whether the defendant is entitled to a retrial in the Superior Court, as the Municipal Court of the City of Boston (Municipal Court) and its Appellate Division have ruled, or whether, as the Superior Court has ruled, final judgment should be entered in the Municipal Court...

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