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PINSHAW v. METROPOLITAN DISTRICT COMMISSION

No. 90-P-1471.

33 Mass. App. Ct. 733 (1992)

604 N.E.2d 1321

ALAN PINSHAW vs. METROPOLITAN DISTRICT COMMISSION.

Appeals Court of Massachusetts, Suffolk.

December 22, 1992.

Attorney(s) appearing for the Case

Howard Friedman for the plaintiff.

Leila R. Kern for the defendant.

Present: FINE, JACOBS, & LAURENCE, JJ.

JACOBS, J.

Following the decision in Pinshaw v. Metropolitan Dist. Commn., 402 Mass. 687 (1988), in which a divided court reversed a summary judgment for the defendant Metropolitan District Commission (MDC), this case was tried in the Superior Court. At the trial, the plaintiff, Alan Pinshaw, acting under an assignment of rights to indemnification

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