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E.B. HORN COMPANY v. FRIEDLINE & CARTER ADJUSTMENT, INC.

2006 Mass. App. Div. 114 (2006)

E.B. Horn Company v. Friedline & Carter Adjustment, Inc.

Massachusetts Appellate Division, Municipal Court.

July 20, 2006.

Attorney(s) appearing for the Case

John J. McArdle for the plaintiff.

Liam John McCarthy for the defendant.

Present: Coffey, P.J., Miller & Ronquillo, JJ.

Coffey, J.

This matter is an appeal filed by the defendant, Friedline & Carter Adjustment, Inc. ("Friedline"), pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8C. At the close of the evidence presented at trial by the plaintiff, E.B. Horn Company ("E.B. Horn"), Friedline made a motion for involuntary dismissal pursuant to Mass. R. Civ. P., Rule 41(b)(2). The trial judge denied the motion, and Friedline now appeals.

This matter arose out of Friedline's refusal...

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