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LODGE v. DIST. ATTORNEY FOR THE SUFFOLK DIST.

21 Mass. App. Ct. 277 (1985)

486 N.E.2d 764

WARREN G. LODGE vs. DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT & another.

Appeals Court of Massachusetts, Suffolk.

December 20, 1985.

Attorney(s) appearing for the Case

Bruce T. Macdonald for the plaintiff.

Vincent L. DiCianni, Assistant Attorney General, for the District Attorney for the Suffolk District.

Present: GREANEY, C.J., PERRETTA, & KASS, JJ.

GREANEY, C.J.

This appeal poses the following question: In a claim under G.L.c. 258 (the Massachusetts Tort Claims Act) against the district attorney for the Suffolk District, who is the proper person to receive presentment of the claim as required by § 4 of G.L.c. 258 — the district attorney or the Attorney General? A judge of the Superior Court determined that the Attorney General is the proper person for presentment. Because the plaintiff had made presentment...

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