PINE v. RUST


404 Mass. 411 (1989)

535 N.E.2d 1247

CAROL PINE, executrix, & another vs. FREDERIC W. RUST, THIRD, trustee, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 23, 1989.


Attorney(s) appearing for the Case

John O. Mirick (Richard C. Van Nostrand with him) for the defendants.

Gerald E. Katz for the plaintiffs.

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


LYNCH, J.

This action arises under the wiretap statute, G.L.c. 272, § 99 (1986 ed.).3 After a nonjury trial in the Housing Court of the City of Boston, the judge awarded statutory liquidated damages, punitive damages, and attorney's fees and costs. Defendants concede that the tape recording was unlawful, but appealed the awards of damages and attorney's fees. We transferred the case to this court on our own motion. We affirm in part...

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