HALE, C.J.
The plaintiff and the defendant appeal from a judgment entered in the Probate Court for the county of Essex on a motion by the defendant pursuant to Mass.R. Civ.P. 65.1, 365 Mass. 834 (1974), for costs and damages under a bond given in connection with a preliminary injunction. The underlying controversy in which the preliminary injunction was granted was before us in Financial Acceptance Corp. v. Garvey,
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