DERCO TRUCK & EQUIPMENT CORPORATION v. YODER & FREY AUCTIONEERS


1995 Mass. App. Div. 64 (1995)

Derco Truck & Equipment Corporation v. Yoder & Frey Auctioneers

Massachusetts Appellate Division, Municipal Court.

May 3, 1995.


Attorney(s) appearing for the Case

Peter F. Davis for the plaintiff.

Edward P. O'Leary for the defendant.

Present: Meagher, Giles & Bernstein, JJ.


Bernstein, J.

Defendant Yoder & Frey Auctioneers (hereinafter "Yoder") appeals the granting of plaintiff Derco Truck & Equipment Corp.'s (hereinafter "Derco") Motion For Relief from Judgment, which allowed a new trial based on newly discovered evidence. Yoder claims that the motion granting the new trial was not timely filed within the time limitations required by Dist./Mun. Cts. R. Civ. P., Rule 59 and that the relief offered by Dist./Mun. Cts. R. Civ. P...

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