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USTRUST CO. v. KENNEDY

17 Mass. App. Ct. 131 (1983)

456 N.E.2d 775

USTRUST COMPANY vs. JOHN J. KENNEDY.

Appeals Court of Massachusetts, Middlesex.

November 23, 1983.

Attorney(s) appearing for the Case

Peter A. Johnson for the defendant.

Paul E. Heimberg for the plaintiff.

Present: KASS, CUTTER, & SMITH, JJ.

KASS, J.

Such is the technical nature of the arguments which the parties advance, that it is necessary to relate in detail the procedural history of the case, which has largely to do with whether certain procedural irregularities invalidate a grant of summary judgment.

The action, founded on a promissory note for $15,463.48, was brought on February 22, 1982, by USTrust Company (the "bank") in the Third District...

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