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HANLEY v. POLANZAK

8 Mass. App. Ct. 270 (1979)

393 N.E.2d 419

GAIL HANLEY vs. M.L. POLANZAK & another.

Appeals Court of Massachusetts, Plymouth.

August 16, 1979.

Attorney(s) appearing for the Case

Wilson D. Rogers, Jr. (Charles J. Dunn with him) for M.L. Polanzak.

George N. Asack for the plaintiff.

Present: HALE, C.J., DREBEN, & KASS, JJ.

HALE, C.J.

This medical malpractice case comes to us from the Superior Court on an interlocutory report under Mass.R.Civ.P. 64, 365 Mass. 831 (1974), of a question2 following the judge's conditional allowance of a motion to dismiss. The report is accompanied by a statement of agreed facts. The issue presented for our consideration is whether the plaintiff's failure to post a bond within...

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