HARVARD REAL ESTATE-ALLSTON, INC. v. KMART CORP.

No. CIV.A.04-12249 DPW.

407 F.Supp.2d 317 (2005)

HARVARD REAL ESTATE-ALLSTON, INC., Plaintiff, v. KMART CORPORATION, Kmart Store 9424, Defendant.

United States District Court, D. Massachusetts.

December 27, 2005.


Attorney(s) appearing for the Case

Randolph C. English, Downing & Flynn, Frank A. Flynn, Downing & Flynn, Boston, MA, for Plaintiff.

William R. Moorman, Craig & Macauley, P.C., Kathleen A. Rahbany, Craig & Macauley, P.C., Boston, MA, for Kmart Corporation, Defendant.


MEMORANDUM AND ORDER

WOODLOCK, District Judge.

The threshold question presented by this case was whether a Massachusetts summary process proceeding may properly be removed to federal court when there is no claim for rent or other monetary damages. Concluding that it could not, I remanded the matter to the state court where it was initially filed. Plaintiff then sought an award of attorney's fees and costs under 28 U.S.C. § 1447(c) against the...

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