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MacKENZIE v. AUTO SUPERMART, INC.

1988 Mass. App. Div. 5 (1988)

Robert MacKenzie vs. Auto Supermart, Inc.

Massachusetts Appellate Division, Southern District.

January 11, 1988.

Attorney(s) appearing for the Case

John F. Haddigan for the plaintiff.

Peter H. Rosenthal for the defendant.

Present: Black, P.J., Shubow & Dolan, JJ.

Shubow, J.

This case is before us a second time1 presenting now the single question of whether the claim letter sent pursuant to G.L.c. 93A, § 9(3), was adequate to satisfy the statutory precondition for recovery of multiple damages and attorney's fees. We rule that the trial judge erred in concluding the letter, even under all the surrounding circumstances, was legally sufficient and return the case to him for redetermination of...

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