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FITZGERALD v. MURRAY

1992 Mass. App. Div. 161 (1992)

Mary Ellen Fitzgerald, and another vs. Judith A. Murray vs. Town of Milford

Massachusetts Appellate Division, Western District.

August 3, 1992.

Attorney(s) appearing for the Case

Robert P. Jachowicz for the plaintiffs.

Mark S. Maynard for the defendant.

Anthony T. Rice for the third-party defendant.

Present: Turcotte, P.J., LoConto & Dohoney, JJ.

Turcotte, J.

This case was remanded from the Superior Court for trial; however, the defendant before remand had filed a third party complaint based upon a cause of action over which the District Court has no jurisdiction.2 The Judge of the District Court on motion dismissed the third party complaint filed by the defendant for lack of jurisdiction and the defendant claimed a report...

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