McCAFFREY v. REX MOTOR TRANSP., INC.

No. 81-1552.

672 F.2d 246 (1982)

Margurita McCAFFREY, Plaintiff, Appellee, v. REX MOTOR TRANSPORTATION, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 19, 1982.


Attorney(s) appearing for the Case

Edward D. McCarthy, Cambridge, Mass., for appellant.

Matthew E. Dwyer, Boston, Mass., with whom James T. Grady, and Grady & McDonald, P. C., Boston, Mass., were on brief, for appellee.

Before COFFIN, Chief Judge, TIMBERS, Circuit Judge, and BREYER, Circuit Judge.


PER CURIAM.

On this appeal from so much of a judgment entered in the District of Massachusetts, Rya W. Zobel, District Judge, which dismissed appellant's amended counterclaim, the question presented is whether the district court correctly held that the counterclaim was not compulsory and that the court lacked subject matter jurisdiction over the asserted permissive counterclaim. We affirm.

I.

Appellee Margurita McCaffrey is the fund manager...

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