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LAZZARO v. HOLLADAY

15 Mass. App. Ct. 108 (1983)

443 N.E.2d 1347

PAUL LAZZARO, trustee, vs. DURAND A. HOLLADAY & others.

Appeals Court of Massachusetts, Suffolk.

January 12, 1983.

Attorney(s) appearing for the Case

Wayne H. Scott (George C. Caner, Jr., & Gerald Gillerman with him) for the defendants.

Carl K. King (Linda S. Larabee with him) for the plaintiff.

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

HALE, C.J.

The plaintiff, Paul Lazzaro, the reorganization trustee of Continental Mortgage Investors (CMI), a real estate investment trust, brought this action based essentially on a claim of fraud against three former trustees of CMI. The complaint was dismissed for failure to meet the requirements of Mass.R.Civ.P. 9(b), 365 Mass. 751 (1974), and the plaintiff moved to file an amended complaint. The motion was denied...

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