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ST. GERMAINE v. PENDERGAST

416 Mass. 698 (1993)

626 N.E.2d 857

FRANCIS X. ST. GERMAINE, THIRD, & others vs. MICHAEL E. PENDERGAST.

Supreme Judicial Court of Massachusetts, Barnstable.

December 29, 1993.

Attorney(s) appearing for the Case

Paul W. Shaw (Dale C. Schneider with him) for the plaintiffs.

Brian J. Mone & Stephen M.A. Woodworth (Peter E. Heppner with them) for the defendant.

Patricia Bobba Donovan & Thomas E. Peisch, for Massachusetts Defense Lawyers Association, amicus curiae, submitted a brief.

Joseph L. Duffy, Jr., for Gary R. Larson, amicus curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, NOLAN, & O'CONNOR, JJ.

NOLAN, J.

The plaintiffs, Francis X. St. Germaine, III (Kip),2 and his parents, appeal from a Superior Court judge's dismissal of their action against Michael E. Pendergast for failing to state a claim upon which relief can be granted. This action, brought pursuant to G.L.c. 143, § 51, as amended by St. 1992, c. 66, is the second action the plaintiffs have brought against Pendergast to recover...

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