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SMITH v. CAGGIANO

12 Mass. App. Ct. 41 (1981)

421 N.E.2d 473

LAWRENCE SMITH & others vs. ERNEST C. CAGGIANO.

Appeals Court of Massachusetts, Suffolk.

June 8, 1981.

Attorney(s) appearing for the Case

Harry A. Pierce for the plaintiffs.

Claudia H. Noack for the defendant.

Present: BROWN, CUTTER, & KASS, JJ.

KASS, J.

On behalf of themselves and others similarly situated, the plaintiffs brought a class action2 against Ernest C. Caggiano, "individually and d/b/a Caggiano Ambulance Service, Inc." (Caggiano). In their complaint the plaintiffs allege that on different dates in 1976, 1977, and 1978, each of them received ambulance service from Caggiano, who was a Medicaid3

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