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SEPPALA & AHO CONSTRUCTION CO. v. PETERSEN

373 Mass. 316 (1977)

367 N.E.2d 613

SEPPALA & AHO CONSTRUCTION CO. vs. HOWARD C. PETERSEN & others, trustees.

Supreme Judicial Court of Massachusetts, Worcester.

September 14, 1977.

Attorney(s) appearing for the Case

William J. LeDoux for the defendants.

Alphonse P. San Clemente for the plaintiff.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, WILKINS, & LIACOS, JJ.

QUIRICO, J.

The plaintiff Seppala & Aho Construction Co., Inc. (Seppala & Aho), junior creditor of the mortgagor, Ronrino Realty Trust (Ronrino), brought a bill in equity in the Superior Court against the first mortgagee, the trustees of Fidelco Growth Investors (Fidelco). The bill alleged that Fidelco had violated a duty owed to the plaintiff to exercise due diligence to commence proceedings to foreclose a mortgage on real estate in Leominster, and that as...

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