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BROWN v. QUINN

No. 88-P-833.

27 Mass. App. Ct. 288 (1989)

537 N.E.2d 1258

DAVID A. BROWN & another vs. MICHAEL J. QUINN, individually and as trustee.

Appeals Court of Massachusetts, Middlesex.

May 10, 1989.

Attorney(s) appearing for the Case

Dana L. Mason for the defendant.

Alan H. Aaron for the plaintiffs.

Present: GREANEY, C.J., KASS, & FINE, JJ.

GREANEY, C.J.

We are concerned, in this case, with an issue of practice before the Appellate Division of the District Courts. Specifically, we must interpret that portion of Dist. Mun.Cts.R.Civ.P. 64(c)(5) (1975), set forth in the margin,3 and determine the effect of the clerk's failure to send the notice specified in the rule on a party's obligation to petition for the establishment...

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