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ATSALIS v. VELLONE

1994 Mass. App. Div. 20 (1994)

James K. Atsalis, and another vs. John A. Vellone, and others

Massachusetts Appellate Division, Southern District.

February 15, 1994.

Attorney(s) appearing for the Case

Thomas E. Gargill, Jr., for the plaintiffs.

Michael A. Kehoe for the defendants.

Present: Dolan, P.J., Hurley & Aguiar, JJ.

Dolan, P.J.

This is an action in which defendants allege the trial court incorrectly assessed contract damages. The Report indicates that the defendants filed Dist./Mun. Cts. R. Civ. P., Rule 64(b) requests for rulings of law and that the court denied these requests for rulings of law. We remand for a new hearing on damages for the reason that some of these requests for rulings of law are correct statements of the law and are applicable to the assessment of contract...

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