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MARSHALL v. STRATUS PHARMACEUTICALS, INC.

No. 98-P-1508.

51 Mass. App. Ct. 667 (2001)

JAMES R. MARSHALL v. STRATUS PHARMACEUTICALS, INC., & others.

Court of Appeals of Massachusetts, Middlesex.

May 25, 2001.

Attorney(s) appearing for the Case

Ronald I. Bell for the plaintiff.

Kurt L. Binder for the defendants.

Present: LENK, DREBEN, & GILLERMAN, JJ.

DREBEN, J.

The central issue in this appeal by the plaintiff is the extent to which issues remained open on a hearing to assess damages after a default had entered against the defendants under Mass.R.Civ.P. 55(a), 365 Mass. 822 (1974), for failure timely to file their answers.

The gist of the plaintiff's complaint, filed in the Superior Court, was that the defendants, Stratus Pharmaceuticals, Inc. (Stratus), Albert Hoyo, and Keith Pyle, failed to pay for the...

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