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MONGEAU v. BOUTELLE

10 Mass. App. Ct. 246 (1980)

407 N.E.2d 352

EUGENE F. MONGEAU vs. ROBERT BOUTELLE.

Appeals Court of Massachusetts, Worcester.

July 11, 1980.

Attorney(s) appearing for the Case

Albert I. Gould for the plaintiff.

Douglas J. Rowe for the defendant.

Present: GRANT, GREANEY, & DREBEN, JJ.

DREBEN, J.

In this action against a real estate broker grounded on common law fraud and on deceptive acts under G.L.c. 93A, §§ 2 and 9,1 the defendant broker moved to dismiss under Mass.R.Civ.P. 12(b)(6) (failure to state a claim), under 12(b)(7) (failure to join a party under rule 19), and under 12(b)(9) (pendency of a prior action), 365 Mass. 755 (1974). The motion to dismiss...

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