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SHEA v. NEPONSET RIVER MARINE & SPORTFISHING

14 Mass. App. Ct. 121 (1982)

437 N.E.2d 250

JAMES D. SHEA & another vs. NEPONSET RIVER MARINE & SPORTFISHING, INC.

Appeals Court of Massachusetts, Suffolk.

July 13, 1982.

Attorney(s) appearing for the Case

James F. Ryan (Robert M. Murphy with him) for the defendant.

James G. Walsh, Jr. (James F. Sullivan with him) for the plaintiffs.

Present: HALE, C.J., GREANEY, & SMITH, JJ.

HALE, C.J.

The single issue on this appeal is whether a plaintiff who chooses to bring a summary process action in a District Court, seeking both possession and rent in excess of $7,500, can appeal an adverse decision to the Superior Court and relitigate in a jury trial the issues decided by the District Court. The action before us was initiated when the plaintiffs-landlords (Sheas) filed a summary process action against the defendant-tenant (Neponset)

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