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BERMAN v. LINNANE

434 Mass. 301 (2001)

NORMAN BERMAN & others v. THOMAS LINNANE & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 7, 2001.

Attorney(s) appearing for the Case

Norman Berman, pro se.

James C. Donnelly, Jr. (Charles B. Straus, III, with him) for Edward Carroll.

Michael J. Traft for Thomas Linnane.

Present: MARSHALL, C.J., GREANEY, SPINA, COWIN, SOSMAN, & CORDY, JJ.

SPINA, J.

In Berman v. Linnane, 424 Mass. 867 (1997), we held that Norman Berman and Robert Marcus could not recover the full amount of the $686,570 judgment against Thomas Linnane on count IV of their complaint because Edward Carroll's assignment of his cause of action against Linnane for breach of contract, the basis of count IV, was actually a contingent fee agreement...

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