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JACOBY v. BABCOCK ARTIFICIAL KIDNEY CENTER, INC.

364 Mass. 561 (1974)

307 N.E.2d 2

KAY L. JACOBY & OTHERS vs. BABCOCK ARTIFICIAL KIDNEY CENTER, INC. & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 6, 1974.

Attorney(s) appearing for the Case

Kirk S. Giffen for the plaintiffs.

Evan Y. Semerjian for Babcock Artificial Kidney Center, Inc. & another.

Robert S. Frank, Jr., for Peter Bent Brigham Hospital.

Joseph A. Grasso, Jr., Deputy Assistant Attorney General (Walter H. Mayo, III, Assistant Attorney General, with him) for the Commissioner of Public Health.

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

REARDON, J.

The plaintiffs Kay L. Jacoby, Steven Jacoby. and Elias H. Jacobs, trustee for Kay L. Jacoby, brought a bill for declaratory relief in the Superior Court. The judge sustained demurrers of all the defendants and entered a final decree dismissing the bill. The plaintiffs have appealed from the interlocutory decrees and the final decree. The plaintiffs' bill contains the following allegations. The defendant Babcock...

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