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EUBANK HEIGHTS APARTMENTS, LTD. v. LEBOW

No. 81-1456.

669 F.2d 20 (1982)

EUBANK HEIGHTS APARTMENTS, LTD., Plaintiff, Appellee, v. Estelle I. LEBOW, Executrix of the Estate of Saul L. Lebow, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 20, 1982.

Attorney(s) appearing for the Case

Jerry E. Benezra, Boston, Mass., with whom Mack M. Roberts, Chestnut Hill, Mass., was on brief, for defendant, appellant.

Nathaniel M. Gorton, with whom James H. Anderson, and Powers & Hall Professional Corp., Boston, Mass., were on brief, for plaintiff, appellee.

Before CAMPBELL and BOWNES, Circuit Judges, and DAVIS, Judge.

LEVIN H. CAMPBELL, Circuit Judge.

This case is the successor to our decision and judgment in Eubank Heights Apartments, Ltd. v. Estelle I. Lebow, Executrix of the Estate of Saul L. Lebow, 615 F.2d 571 (1st Cir. 1980). There we affirmed the granting of summary judgment to Eubank (hereinafter plaintiff), which had sued Lebow, Executrix, in the United States District Court for the District of Massachusetts upon a default judgment...

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