BURLINGAME v. FORS


1993 Mass. App. Div. 207 (1993)

Elliott Burlingame vs. Michael Fors

Massachusetts Appellate Division, Western District.

November 3, 1993.


Attorney(s) appearing for the Case

Mark Darling for the plaintiff.

Diane Desautels for the defendant.

Present: LoConto, Brennan & Gelinas, JJ.


LoConto, J.

The appellant seeks review of the trial judge's denial of his request to remove a case pursuant to G.L.c. 231, § 104. We affirm the decision of the trial judge and dismiss the petition.

The facts necessary to resolve the issues are as follows. On October 26, 1992, judgment entered for the plaintiff after trial before a justice in the Spencer District Court. On November 3, 1992, the defendant, aggrieved of the decision, filed a motion entitled...

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