RICHARDS v. QUINN


1999 Mass. App. Div. 216 (1999)

Dennis J. Richards v. James Quinn, and another

Massachusetts Appellate Division, Western District.

September 10, 1999.


Attorney(s) appearing for the Case

John K. McGuire for the plaintiff.

Nathaniel Pitnof for the defendants.

Present: Brennan, Merrigan & Rutberg, JJ.


Rutberg, J.

Plaintiff-Appellant Richards commenced a small claim against defendants-appellees in the East Brookfield District Court claiming a sum due for cellular phone service billed to the plaintiff but actually used by or for defendants. Defendants' counsel made a motion to remove the case to the regular civil docket. G.L.c. 218, §24 and Small Claims Rule 4. The motion came before the Clerk-Magistrate who determined that defendants' underlying interest in...

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