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ROBERTSON v. McCARTE

13 Mass. App. Ct. 441 (1982)

433 N.E.2d 1262

NANCY A. ROBERTSON & another vs. RICHARD F. McCARTE & another.

Appeals Court of Massachusetts, Middlesex.

April 21, 1982.

Attorney(s) appearing for the Case

Stephen J. Brown for the plaintiffs.

Joan B. Gozonsky for the defendants.

Present: HALE, C.J., GRANT, & PERRETTA, JJ.

HALE, C.J.

A Superior Court judge allowed the defendants' motion for dismissal pursuant to Mass.R.Civ.P. 12(b) (6), 365 Mass. 755 (1974), in an action in which the plaintiffs sought contribution for sums paid by them in settlement of claims arising from an automobile accident. The single issue presented is whether one of two or more joint tortfeasors who enters into a settlement with a claimant which releases all tortfeasors may recover contribution from the other...

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