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LODIE v. ANTON'S CLEANERS

1993 Mass. App. Div. 29 (1993)

Joseph Lodie vs. Anton's Cleaners

Massachusetts Appellate Division, Municipal Court.

February 4, 1993.

Attorney(s) appearing for the Case

Terrence T. Sweeney for the plaintiff.

Daniel J. Moynihan, Jr. and Robert G. Eaton for the defendant.

Present: Johnson, Kelly & Meagher, JJ.

Meagher, J.

The defendant is aggrieved by the trial judge's denial of two "Requests for Conclusions of Law" and a finding of fact that the defendant's acts or practices were willful under M.G.L.c. 93A. The two requests and their responses are:

2. The plaintiff, by accepting the terms of the "Receipt & Agreement", is bound by the limitation of liability of Anton's listed on the storage "Receipt & Agreement", (i.e. $100.00), in the absence of fraud...

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