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CARLSON v. GIACCHETTI

No. 92-P-80.

35 Mass. App. Ct. 57 (1993)

616 N.E.2d 810

JOHN CARLSON vs. LOUIS F. GIACCHETTI.

Appeals Court of Massachusetts, Plymouth.

July 29, 1993.

Attorney(s) appearing for the Case

Jay M. Lipis for the plaintiff.

John W. Lincoln for the defendant.

Present: SMITH, GILLERMAN, & IRELAND, JJ.

GILLERMAN, J.

Whether, under the Uniform Commercial Code (Code), an equipment lease is to be treated as a "true lease" or as a security agreement is an issue that has been litigated extensively for more than two decades, but has yet to be discussed in any detail by a Massachusetts appellate court.3 We must do so now, with the benefit of the findings of fact made by a judge of the Superior...

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