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M.T. REALTY CORPORATION v. ALLEN

1983 Mass. App. Div. 257 (1983)

M.T. Realty Corporation vs. Anna Van Allen and others

Massachusetts Appellate Division, Western District.

August 18, 1983.

Attorney(s) appearing for the Case

Maurice M. Cahillane and Edward J. McDonough, Jr. for the plaintiff.

John J. McCarthy for defendant Bay State Gas Company.

Present: Larkin, McGuane & Lenhoff, JJ.

Larkin, J.

This is an action for breach of warranty and negligence in which the appellant (plaintiff-below) seeks to recover claimed damages allegedly suffered as a result of the sale and negligent installation by the appellee (defendant-below) Bay State Gas Company (hereinafter "Bay State") of a defective boiler. Bay State responded to the complaint by filing a motion to dismiss under Rule 12 (b) (6), M.R.C.P., asserting that the claims for negligence and breach...

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