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DWIGHT v. DWIGHT

371 Mass. 424 (1976)

357 N.E.2d 772

BARCLAY W. DWIGHT & others vs. WILLIAM DWIGHT & others.

Supreme Judicial Court of Massachusetts, Hampden.

December 7, 1976.

Attorney(s) appearing for the Case

Philip O'Brien, Jr., for the plaintiffs.

Clark S. Lyon (Raymond R. Randall with him) for the defendants.

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

BRAUCHER, J.

The plaintiffs allege that the defendant William Dwight fraudulently induced the sale of securities held in trust for them and seek rescission or damages. We hold that the claim was extinguished and merged in the final decree entered after the decision in O'Brien v. Dwight, 363 Mass. 256 (1973). See Restatement (Second) of Judgments §§ 45 (a), 47 (a) (Tent. Draft No. 1, 1973). That case, prosecuted...

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