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GREENHOUSE, INC. v. TRANS WORLD AIRLINES, INC.

394 Mass. 60 (1985)

474 N.E.2d 177

THE GREENHOUSE, INC. vs. TRANS WORLD AIRLINES, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

February 12, 1985.

Attorney(s) appearing for the Case

Stephen C. Fulton for the defendant.

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

O'CONNOR, J.

This case presents a question we left open in Kolakowski v. Finney, 393 Mass. 336, 340 (1984): If, when a party receives notice of a decision of the Appellate Division of a District Court, that party has the right to have his case transferred to the Superior Court for retrial, must that party exercise that right before appealing to this court? We now answer that question "yes."

The plaintiff...

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