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WALSH v. OGORZALEK

372 Mass. 271 (1977)

361 N.E.2d 1247

KATHLEEN WALSH vs. JOHN OGORZALEK.

Supreme Judicial Court of Massachusetts, Berkshire.

March 31, 1977.

Attorney(s) appearing for the Case

Clement A. Ferris for the plaintiff.

John D. Lanoue for the defendant.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & ABRAMS, JJ.

HENNESSEY, C.J.

The defendant made a motion for summary judgment which was allowed by a judge of the Superior Court based on the pleadings, interrogatories, and affidavits filed by the parties. The judge ruled that G.L.c. 260, § 9,1 which provides for the suspension or "tolling" of the statute of limitations for the period during which a defendant resides out of the Commonwealth, is not...

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