BERKSHIRE ARMORED CAR SERVICES, INC. v. SOVEREIGN BANK OF NEW ENGLAND

No. 04-P-832.

65 Mass. App. Ct. 96 (2005)

BERKSHIRE ARMORED CAR SERVICES, INC. v. SOVEREIGN BANK OF NEW ENGLAND.

Appeals Court of Massachusetts, Berkshire.

November 10, 2005.


Attorney(s) appearing for the Case

Kathleen C. Stone for the defendant.

Robert C. Sacco for the plaintiff.

Ben Robbins & Andrew Grainger, for New England Legal Foundation & others, amici curiae, submitted a brief.

Present: Greenberg, Smith, & Katzmann, JJ.


SMITH, J.

On August 18, 2000, Berkshire Armored Car Services, Inc. (Berkshire), filed a complaint in Superior Court against Sovereign Bank of New England (Sovereign). The complaint alleged two counts: count I for intentional interference with contractual relations, and count II for violation of G. L. c. 93A.

Prior to discovery, Sovereign filed a motion to dismiss the complaint for failure to state a claim pursuant to Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 ...

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