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HENDRICKSON v. SEARS

No. 73-1210.

495 F.2d 513 (1974)

Howard D. HENDRICKSON and Marilyn J. Hendrickson, Plaintiffs, Appellants, v. Clark S. SEARS, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 30, 1974.

Attorney(s) appearing for the Case

Daniel J. Gleason, Boston, Mass., with whom Nutter, McClennen & Fish, Boston, Mass., was on brief, for plaintiffs, appellants.

Vincent Galvin, Boston, Mass., with whom Robert B. Smith and Galvin, Smith & Nordlinger, Boston, Mass., were on brief, for defendant, appellee.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

PER CURIAM.

This suit, based on diversity jurisdiction, was instituted in the district court on October 27, 1971 to recover damages incurred as a result of an erroneous title certification in April of 1961, which failed to note a recorded easement, provided by the defendant as attorney for the plaintiffs. The complaint was dismissed on the grounds that applying either the six year statute of limitations applicable to actions in contract, M.G.L. ch. 260 § 2, or...

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