TAYLOR v. GALLAGHER

No. 84-1098.

737 F.2d 134 (1984)

Elliot W. TAYLOR, Plaintiff, Appellant, v. Robert J. GALLAGHER, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 25, 1984.


Attorney(s) appearing for the Case

Eric I. Zucker, Boston, Mass., with whom Gary R. Greenberg, and Goldstein & Manello, Boston, Mass., were on brief, for appellant.

Joseph D. Steinfield, Boston, Mass., with whom Hill & Barlow, Boston, Mass., was on brief, for Robert J. Gallagher.

Before COFFIN and BREYER, Circuit Judges, and PETTINE, Senior District Judge.


COFFIN, Circuit Judge.

Plaintiff Elliott Taylor appeals from an award of summary judgment in a malpractice action against attorney Robert Gallagher, who had represented Taylor in litigation against International House of Pancakes (IHOP). Taylor's complaint against Gallagher alleged negligence, breach of fiduciary duty, and breach of contract.

The essential facts are not in dispute. Taylor owned two IHOP franchises and in the early 1970's had a dispute with...

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