CHESWELL, INC. v. PREMIER HOMES AND LAND CORP.

No. CIV.A. 02-30115-KPN.

326 F.Supp.2d 201 (2004)

CHESWELL, INC. and Wesfield Construction Co., Inc., Plaintiffs, v. PREMIER HOMES AND LAND CORPORATION, James Kenney, Monson Savings Bank and Robert Ward, Defendants.

United States District Court, D. Massachusetts.

July 19, 2004.


Attorney(s) appearing for the Case

Deborah D. Ferriter, Felicity Hardee, Joshua P. Grey, Bulkley, Richardson & Gelinas, LLP, Springfield, MA, for Cheswell, Inc., Wesfield Construction Co., Inc.

Michael J. Coyne, Bacon & Wilson, P.C., Springfield, MA, for Monson Savings Bank.

Robert M. Mack, Morrison, Mahoney & Miller, Springfield, MA, for Robert Ward.

David J. Noonan, Attorney at Law, Amherst, MA, for Premier Homes and Land Corporation.

James Kenney, Belchetown, MA, Pro se.


FURTHER MEMORANDUM AND ORDER WITH REGARD TO ROBERT WARD'S MOTION FOR SUMMARY JUDGMENT (Document No. 115)

NEIMAN, United States Magistrate Judge.

On May 26, 2004, the court was prepared to deny Robert Ward ("Ward")'s motion for summary judgment as to Count Eleven, alleging negligence, "subject to proof that Chesterfield properly assigned to Plaintiff [i.e., Cheswell, Inc.,] its rights arising out of the relationship between Chesterfield and Ward."...

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