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SENA v. COMMONWEALTH

417 Mass. 250 (1994)

629 N.E.2d 986

TIMOTHY J. SENA & another vs. COMMONWEALTH & others.

Supreme Judicial Court of Massachusetts, Hampshire.

March 10, 1994.

Attorney(s) appearing for the Case

David C. Kuzmeski (Harry L. Miles with him) for the plaintiffs.

Pamela L. Hunt, Assistant Attorney General, for the Commonwealth & another.

Michael K. Callan for the town of Carver & another.

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

NOLAN, J.

The plaintiffs, Timothy J. Sena and Catherine Rude-Sena, appeal from the entry of summary judgments in favor of the defendants, the Commonwealth, town of Carver, James Henderson, and Lawrence Cabeceiras. We transferred this case to this court on our own motion. The uncontroverted facts follow.

This case arises out of the arrest, prosecution, and acquittal of the plaintiffs on charges of receiving stolen property. In

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