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LEWIS v. EMERSON

391 Mass. 517 (1984)

462 N.E.2d 295

MARVIN C. LEWIS & another vs. MICHAEL W.C. EMERSON & another, trustees (and a consolidated case).

Supreme Judicial Court of Massachusetts, Suffolk.

March 22, 1984.

Attorney(s) appearing for the Case

Irene Dwyer Emerson for Michael W.C. Emerson & another.

Edmund E. Fleming (Karen R. Galat with him) for Marvin C. Lewis & another.

John L. Murphy, Ill, for Louise I. Shaw.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.

NOLAN, J.

These cases, consolidated below, are before us following allowance of the Emersons' application for further appellate review. Shaw v. Emerson, 15 Mass.App.Ct. 1104 (1983).

The principal reason for our granting further appellate review in these cases is that the Appeals Court dismissed the appeal in the Lewis case because no final judgment had been entered by the clerk pursuant to Mass. R. Civ. P. 58 (a), as amended, 371, Mass. 908 ...

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