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MASSARO v. WALSH

No. 06-P-1828.

71 Mass. App. Ct. 562 (2008)

FREDERICK M. MASSARO & another vs. E. DENIS WALSH & another.

Appeals Court of Massachusetts, Suffolk.

April 14, 2008.

Attorney(s) appearing for the Case

John E. Bowman, Jr., for the plaintiffs.

Robert B. Carpenter for the defendants.

Present: CYPHER, VUONO, & GRAINGER, JJ.

CYPHER, J.

We are asked in this case whether a complaint filed by the plaintiff, Frederick M. Massaro, against the defendant, E. Denis Walsh,3 after the parties earlier had resolved an action filed by Massaro, was properly dismissed by a Superior Court judge on grounds of claim preclusion. We conclude that the complaint was properly dismissed.

Factual background. Massaro and Walsh were equal partners

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