NASCO, INC. v. PUBLIC STORAGE, INC.

Nos. 97-1340, 97-1457.

127 F.3d 148 (1997)

NASCO, INC., Plaintiff, Appellant, v. PUBLIC STORAGE, INC., Defendant, Appellee. PUBLIC STORAGE, INC., Defendant, Cross-Appellant, v. NASCO, INC., Plaintiff, Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided October 8, 1997.


Attorney(s) appearing for the Case

Joseph G. Abromovitz, with whom John G. Balzer and Abromovitz & Leahy, P.C., were on brief, for plaintiff, appellant.

James E. Carroll, with whom Kristen M. Lacovara and Cetrulo & Capone were on brief, for defendant, appellee.

Before TORRUELLA, Chief Judge, LYNCH, Circuit Judge, and KEETON, District Judge.


LYNCH, Circuit Judge.

One novel issue under Mass. Gen. Laws ch. 93A is presented by this appeal: May a chapter 93A § 11 claimant be awarded attorney's fees where the only "adverse effects" it suffers from the violation are the incurring of valid bills which it does not pay because it is unable to do so? We answer this question in the affirmative in light of Massachusetts precedent and the policy behind the attorney's fees provisions of chapter 93A.

NASCO...

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