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FEARON v. COMMONWEALTH

394 Mass. 50 (1985)

474 N.E.2d 162

GARY D. FEARON, executor, vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

February 11, 1985.

Attorney(s) appearing for the Case

S. James Boumil for the plaintiff.

Francis G. Chase, Assistant Attorney General, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & LYNCH, JJ.

WILKINS, J.

The plaintiff's action was dismissed on the defendant Commonwealth's motion for summary judgment because no timely presentment of the plaintiff's claim had been made as required by G.L.c. 258, § 4. We transferred the plaintiff's appeal to this court. We agree with the basis of the ruling made by the motion judge, but leave open the possibility that the plaintiff may be able to allege a claim not subject to...

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