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KANSALLIS FINANCE LTD. v. FERN

421 Mass. 659 (1996)

KANSALLIS FINANCE LTD. vs. DANIEL J. FERN & others.

Supreme Judicial Court of Massachusetts, Suffolk.

January 11, 1996.

Attorney(s) appearing for the Case

James W. Murphy (Arthur M. Gilman with him) for the plaintiff.

Erik Lund (Joseph S. Berman with him) for Daniel J. Fern.

Present: LIACOS, C.J., ABRAMS, LYNCH, GREANEY, & FRIED, JJ.

FRIED, J.

The United States Court of Appeals for the First Circuit has certified to this court, pursuant to S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981), the following two questions of State law:

"1. Under Massachusetts law, to find that a certain act is within the scope of a partnership for the purpose of applying the doctrine of vicarious liability, must a plaintiff show, inter alia, that the act was taken at least in part with the intent...

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