MANGIERI v. MANGIERI

No. 00-1084.

226 F.3d 1 (2000)

Robert W. MANGIERI, Plaintiff, Appellant, v. Paul MANGIERI, as Executor of the Estate of Joseph F. Mangieri, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 11, 2000.


Attorney(s) appearing for the Case

Peter D. Prevett for appellant.

Pamela E. Terry, with whom Forman, Terry, Hickey & Garrahan L.L.P. was on brief, for appellee.

Before TORRUELLA, Chief Judge, WALLACE, Senior Circuit Judge, and LIPEZ, Circuit Judge.


TORRUELLA, Chief Judge.

This case arises from a will contest between plaintiff-appellant Robert W. Mangieri and defendant-appellee Paul Mangieri, who are, respectively, the only son and a nephew of the now deceased Joseph F. Mangieri. The case was filed on August 31, 1999. The complaint alleges two claims: first, a claim under Massachusetts General Laws Chapter 191 § 20, the omitted child statute; and second, a breach of fiduciary duty claim against appellee...

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