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PODLES v. WORCESTER CENTRAL FEDERAL CREDIT UNION

2001 Mass. App. Div. 246 (2001)

Walter F. Podles v. Worcester Central Federal Credit Union

Massachusetts Appellate Division, Western District.

December 31, 2001.

Attorney(s) appearing for the Case

Brian W. Murray for the plaintiff.

Michael B. Cosentino for the defendant.

Present: Ripps, Merrigan & Rutberg, JJ.

Ripps, J.

This appeal, pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8C, concerns whether, in this contract action to credit a bank deposit, the judge should have allowed the defendant's Motions to Dismiss filed pre-trial, at the close of the plaintiff s case, and after the close of all evidence, pursuant to M. R. C. P., Rule 41(b) (2), on the ground that the plaintiffs claim was barred by G.L.c. 260, §2, the six-year contract statute of limitations.

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