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SALEM LAUNDRY v. NEW ENGLAND TEAMSTERS & TRUCKING

No. 87-1113.

829 F.2d 278 (1987)

SALEM LAUNDRY COMPANY, Plaintiff, Appellant, v. NEW ENGLAND TEAMSTERS AND TRUCKING INDUSTRY PENSION FUND, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 28, 1987.

Attorney(s) appearing for the Case

Laurence J. Donoghue with whom Robert P. Morris and Morgan, Brown & Joy, Boston, Mass., were on brief, for plaintiff, appellant.

Gabriel O. Dumont, Jr., with whom James T. Grady and Grady, Dumont & Dwyer, Boston, Mass., were on brief for defendants, appellees.

Before BOWNES, TORRUELLA and SELYA, Circuit Judges.

TORRUELLA, Circuit Judge.

Salem Laundry Co., a Massachusetts corporation located in Salem, sold part of its business to Whyte's Laundry, Inc., a Massachusetts corporation located in Lynn, in a written agreement dated September 30, 1980. The issue before us on appeal is whether the district court erred in concluding that the parties had no prior, oral contract to effect the sale. The existence of an enforceable contract of sale on or before September 26, 1980, would...

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