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FRANCHI v. BOULGER

12 Mass. App. Ct. 376 (1981)

425 N.E.2d 372

CONSTANCE FRANCHI & another, trustees, vs. JOHN R. BOULGER & another, trustees.

Appeals Court of Massachusetts, Norfolk.

August 27, 1981.

Attorney(s) appearing for the Case

Gerald E. Katz & Jerry E. Benezra for the plaintiffs.

Walter H. McLaughlin, Sr., & William F. York, for Loftin E. Elvey & others, trustees, amici curiae.

Present: GREANEY, ROSE, & DREBEN, JJ.

DREBEN, J.

In this appeal from a judgment of the Superior Court, the plaintiffs claim that the judge erred in failing to grant injunctive relief and in failing to find the defendants liable as trustees of Queensboro Court Condominium Trust (Condo Trust) for maintaining a retaining wall improperly constructed prior to the establishment of the trust. We hold that the defendants as trustees of the Condo Trust are liable...

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