FIELDS v. GERALD LeBRUN


1990 Mass. App. Div. 145 (1990)

Victor G. Fields vs. Gerald LeBrun

Massachusetts Appellate Division, Southern District.

September 20, 1990.


Attorney(s) appearing for the Case

Victor G. Fields for the plaintiff.

Jeffrey W. Dukess for the defendant.

Present: Dolan, P.J., Hurley & Kane, JJ.


Hurley, J.

The plaintiff sued the defendant to recover unpaid rent. The defendant filed a motion to dismiss pursuant to Dist./Mun. Cts. R. Civ. P., Rule 12 (b) (6). This motion was allowed, judgment for the defendant entered and this report followed.

The motion judge allowed the motion to dismiss apparently on the basis that a prior action (not between the same named parties) terminated in favor of the defendant (the defendant is the same in both cases). See...

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