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PHELAN v. MAY DEPARTMENT STORES CO.

443 Mass. 52 (2004)

MICHAEL PHELAN v. MAY DEPARTMENT STORES COMPANY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 16, 2004.

Attorney(s) appearing for the Case

Jean A. Musiker (Michael S. Appel with her) for the defendants.

Richard D. Glovsky (Marni Caputo with him) for the plaintiff.

Robert P. Morris, Robert P. Joy, Ben Robbins, & Andrew Grainger, for Associated Industries of Massachusetts & another, amici curiae, submitted a brief.

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

SPINA, J.

This case arises from a July 10, 1998, investigation by Filene's, a division of the May Department Stores Company (May), into allegations that Michael Phelan was attempting to hide significant accounting discrepancies from his superiors. Phelan brought an action against May, Michael Geraghty (Filene's chief financial officer), and Donald Lane (Filene's controller) (collectively, the defendants), alleging that their...

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