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SHAMROCK REALTY COMPANY, INC. v. O'BRIEN

No. 07-P-365.

72 Mass. App. Ct. 251 (2008)

SHAMROCK REALTY COMPANY, INC. v. DAVID O'BRIEN.

Appeals Court of Massachusetts, Suffolk.

July 23, 2008.

Attorney(s) appearing for the Case

Lynn M. Whitney for the plaintiff.

James L. Rudolph (Thomas K. Alexander with him) for the defendant.

Present: KAFKER, TRAINOR, & SIKORA, JJ.

KAFKER, J.

The issue presented in this action to recover on a personal guarantee is whether to apply the six-year Massachusetts statute of limitations, G. L. c. 260, § 2, barring the claim or the ten-year Rhode Island statute of limitations, R.I. Gen. Laws § 9-1-13(a) (2006), permitting the claim to proceed. Applying the analysis set forth in Restatement (Second) of Conflict of Laws § 142(1) (Supp...

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