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CAHALY v. BENISTAR PROPERTY EXCHANGE TRUST CO., INC.

No. 05-P-1717.

68 Mass. App. Ct. 668 (2007)

GAIL A. CAHALY & others vs. BENISTAR PROPERTY EXCHANGE TRUST CO., INC., & others.

Appeals Court of Massachusetts, Suffolk.

April 17, 2007.

Attorney(s) appearing for the Case

Charles Fried & Anthony R. Zelle (John E. O'Brien, Jr., & Colleen C. Cook with them) for the plaintiffs.

John R. Snyder for Merrill Lynch, Pierce, Fenner & Smith, Inc.

Gary R. Greenberg (Jack E. Robinson & Brooks L. Glahn with him) for Benistar Property Exchange Trust Co., Inc., & others.

R. Todd Cronan (Paul E. Nemser with him) for UBS PaineWebber, Inc.

Present: Kantrowitz, Cowin, & Grainger, JJ.

GRAINGER, J.

This matter, involving protracted multiparty litigation, is presented in part by an amended report pursuant to Mass.R.Civ.P. 64(a), as amended, 423 Mass. 1403 (1996), and in part by cross appeals from an amended final judgment pursuant to Mass.R.Civ.P. 54(b), 365 Mass. 820 (1974).

The following facts are uncontested: the plaintiffs were investors who each separately contracted with defendant Benistar Property Exchange Trust Company, Inc. (Benistar...

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