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ROBSON v. HALLENBECK

Nos. 95-1595, 95-1983.

81 F.3d 1 (1996)

J. Donald ROBSON, et al., Plaintiffs, Appellants, v. Gilman HALLENBECK, et al., Defendants, Appellees. J. Donald ROBSON, et al., Plaintiffs, Appellees, v. Gilman HALLENBECK, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided April 3, 1996.

Attorney(s) appearing for the Case

Michael T. Phelan, Lynn, MA, for plaintiffs.

John C. Ottenberg with whom Berry, Ottenberg, Dunkless & Parker, Boston, MA, was on consolidated brief for defendants.

Before SELYA, BOUDIN and LYNCH, Circuit Judges.

BOUDIN, Circuit Judge.

The plaintiffs, J. Donald and Sandra Robson, brought suit against Gilman Hallenbeck and Dan DiCarlo, alleging that the defendants breached fiduciary duties owed to the Robsons, administered a trust in a grossly negligent manner, and committed fraud. The details of this action need not be discussed, since the principal issue in the plaintiffs' appeal is procedural and we decline the defendants' invitation to reach the merits on their cross-appeal...

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