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MARSHALL v. MULRENIN

No. 74-1253.

508 F.2d 39 (1974)

Margaret MARSHALL et al., Plaintiffs-Appellants, v. George J. MULRENIN et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided December 20, 1974.

Attorney(s) appearing for the Case

Edward F. Myers, Boston, Mass., with whom Cornelius J. Sullivan, Boston, Mass., was on brief, for plaintiffs-appellants.

Richard L. Neumeier, Boston, Mass., with whom Philander S. Ratzkoff, Richard P. Melick, and Parker, Coulter, Daley & White, Boston, Mass., were on brief, for defendants-appellees.

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

ALDRICH, Senior Circuit Judge.

Plaintiff appellant (strictly, plaintiffs are husband and wife) allegedly fell and injured herself on business premises in Massachusetts known as Craig Village by the Sea in September, 1967. In July, 1969 plaintiff retained counsel and in August a diversity action was instituted in the Massachusetts District Court against a Mr. and Mrs. Kirk, who appeared on the certificate on file in the appropriate town hall in accordance with Mass...

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