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SHEFFIELD PROGRESSIVE v. KINGSTON TOOL CO.

10 Mass. App. Ct. 47 (1980)

405 N.E.2d 985

SHEFFIELD PROGRESSIVE, INC. & others vs. KINGSTON TOOL CO., INC., & another.

Appeals Court of Massachusetts, Worcester.

June 19, 1980.

Attorney(s) appearing for the Case

Steven A. Kressler for the plaintiffs.

Joseph W. Allen, III, for the Worcester County National Bank.

Roger J. Brunelle for Kingston Tool Co., Inc.

Present: BROWN, DREBEN, & KASS, JJ.

DREBEN, J.

This is an appeal by six unsecured creditors of Worcester Pressed Aluminum Corp. (Worcester) from a judgment dismissing their action for failure to state a claim against two secured creditors, Worcester County National Bank (bank) and Kingston Tool Company, Inc. (Kingston). See Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974). Although the complaint stated a claim against Worcester and no order was entered...

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