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TILTON v. FRANKLIN

24 Mass. App. Ct. 110 (1987)

506 N.E.2d 897

DANIEL TILTON, SECOND, & others vs. TOWN OF FRANKLIN.

Appeals Court of Massachusetts, Norfolk.

April 29, 1987.

Attorney(s) appearing for the Case

F. Joseph Gentili for the plaintiffs.

Ellen M. McElligott for the defendant.

Present: GREANEY, C.J., KAPLAN, & ARMSTRONG, JJ.

ARMSTRONG, J.

The plaintiff Daniel Tilton, II (Daniel), and his parents brought this action to recover damages for their emotional distress and related costs of psychological counseling. After answering, the town filed a motion for summary judgment under Mass.R.Civ.P. 56(b), 365 Mass. 824 (1974), which was allowed. The pleadings were not verified, however, and no depositions, answers to interrogatories, or affidavits were filed in support of the motion. Most of the...

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