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CLARK v. BEVERLY HEALTH AND REHABILITATION SERVICES, INC.

440 Mass. 270 (2003)

JAMES G. CLARK, administrator, vs. BEVERLY HEALTH AND REHABILITATION SERVICES, INC., & others.

Supreme Judicial Court of Massachusetts, Suffolk.

October 29, 2003.

Attorney(s) appearing for the Case

Jeffrey S. Beeler for the plaintiff.

Joseph M. Desmond (Lawrence F. Boyle with him) for the defendant.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

GREANEY, J.

This case is before us on a reservation and report, without decision, by a single justice of this court. The issue for review is whether, in light of Messing, Rudavsky & Welicky, P.C. v. President & Fellows of Harvard College, 436 Mass. 347 (2002) (Messing); Patriarca v. Center for Living & Working, Inc., 438 Mass. 132 (2002) (Patriarca

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