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S & H PETROLEUM CORP., INC. v. REGISTER OF DEEDS FOR THE COUNTY OF BRISTOL.

No. 96-P-1261.

46 Mass. App. Ct. 535 (1999)

S & H PETROLEUM CORP., INC. v. REGISTER OF DEEDS FOR THE COUNTY OF BRISTOL.

Court of Appeals of Massachusetts, Suffolk.

March 26, 1999.

Attorney(s) appearing for the Case

Robert A. Costantino for the plaintiff.

Robert G. Funke for the defendant.

Present: KASS, SMITH, & FLANNERY, JJ.

SMITH, J.

The plaintiff, S & H Petroleum Corp., Inc., appeals from a judgment in favor of the defendant, the register of deeds for Bristol County. The plaintiff's underlying action for negligence arose out of its failed efforts timely to levy an execution of judgment so as to effect a taking of real estate. The plaintiff sought damages under G. L. c. 258, the Massachusetts Tort Claims Act, in the amount of $47,000 (plus interest) based on the defendant's alleged...

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