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POWERS v. H.B. SMITH COMPANY

No. 96-P-625.

42 Mass. App. Ct. 657 (1997)

ROBERT C. POWERS v. H.B. SMITH COMPANY, INC., & another.

Court of Appeals of Massachusetts, Hampden.

May 20, 1997.

Attorney(s) appearing for the Case

Peter J. Stasz for H.B. Smith Company, Inc.

Rosemary J. Cooper for the plaintiff.

Timothy J. Ryan for Mestek, Inc.

Present: BROWN, KAPLAN, & PERRETTA, JJ.

BROWN, J.

This case, that seemingly neither party wanted to win, causes us to navigate around numerous procedural tangles and wade through several critical missteps. As will be seen, after this curious journey, all we are left with is the uncomfortable sense that the ultimate result is not "inconsistent with substantial justice." Mass.R.Civ.P. 61, 365 Mass. 829 (1974).

After being discharged from his position as a quality control inspector with H.B. Smith...

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