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SANTAGATE v. TOWER

No. 03-P-1593.

64 Mass. App. Ct. 324 (2005)

MARY JAYNE SANTAGATE v. LEO DAVID TOWER.

Appeals Court of Massachusetts, Essex.

August 25, 2005.

Attorney(s) appearing for the Case

John S. Legasey for the plaintiff.

James D. Takacs for the defendant.

Present: Gelinas, Smith, & Cowin, JJ.

GELINAS, J.

We consider in this appeal whether a judge in the Probate and Family Court abused her discretion in denying the mother's two claims: (1) a claim under Mass.R.Dom.Rel.P. 60(b)(6) (1975) to modify a divorce decree, and (2) a claim for equitable restitution from the father for amounts she paid in support of their children during their minority. We affirm in part and reverse in part.

The uncontested...

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