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LAURA THORN, LTD. v. ALLETZHAUSER

No. 95-1359.

71 F.3d 991 (1995)

LAURA THORN, LTD., Plaintiff, Appellant, v. Albert J. ALLETZHAUSER, Defendant, Appellee.

United States Court of Appeals, First Circuit.

December 21, 1995.

Attorney(s) appearing for the Case

Charles L. Glerum, with whom Roberto C. Quinones and Choate, Hall & Stewart, Boston, MA, were on brief, for appellant.

Harry C. Beach, with whom Leonard F. Clarkin, Paul B. Bottino and Clarkin, Sawyer & Phillips, P.C., Boston, MA, were on brief, for appellee.

Before CYR, Circuit Judge, BOWNES, Senior Circuit Judge, and BOUDIN, Circuit Judge.

CYR, Circuit Judge.

Plaintiff Laura Thorn, Ltd. ("Thorn, Ltd.") appeals a summary judgment order disallowing its claim for breach of a loan guaranty by defendant Albert J. Alletzhauser ("Alletzhauser"). As we conclude that Alletzhauser is not entitled to judgment pursuant to Fed. R.Civ.P. 56(c) under Massachusetts law, we vacate the judgment and remand for further proceedings.

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