CHAMBERLAYNE SCHOOL & JR. COLLEGE v. BANKER

No. 89-P-912.

30 Mass. App. Ct. 346 (1991)

568 N.E.2d 642

CHAMBERLAYNE SCHOOL AND CHAMBERLAYNE JUNIOR COLLEGE vs. ROBERT BANKER, individually and as trustee, & others.

Appeals Court of Massachusetts, Suffolk.

March 27, 1991.


Attorney(s) appearing for the Case

Gordon T. Walker for the defendants.

John S. Leonard for the plaintiff.

Present: DREBEN, FINE, & JACOBS, JJ.


DREBEN, J.

May a judge, after a jury has found the plaintiff's damages to be $20,000 because of the defendants' misrepresentations, find damages in the amount of $60,000 (prior to doubling) for a G.L.c. 93A violation based, in the words of the trial judge, on "the same fact pattern" which was before the jury? Our answer is "yes," and we affirm the judgment.

Although the defendants do not agree with the trial...

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