Case law

Marshall's Inc. v. Federal Insurance

11 Mass. App. Ct. 853 · Massachusetts Appeals Court · May 21, 1981

Brown, J. This is an action by an insured to recover damages under a fire insurance policy issued by the defendant insurer. … Co. v. O. Henry Tent & Awning Co., 287 F.2d 316 , 320 (7th Cir.), cert. denied, 368 U.S. 826 (1961). Standard Lumber Co. v. Travelers Indem. Co., supra. Nothing to the contrary appears in Alaska Foods, Inc. v.

Commonwealth v. Smith

44 Mass. App. Ct. 394 · Massachusetts Appeals Court · Mar 10, 1998

Brown, J. … Costarelli v. Commonwealth, 374 Mass. 677, 684 (1978). See Commonwealth v.

City of Worcester v. Civil Service Commission

87 Mass. App. Ct. 120 · Massachusetts Appeals Court · Feb 26, 2015

Falmouth v. Civil Serv. Commn., 447 Mass. 814, 821-822 (2006), quoting from Massachusetts Fedn. of Teachers, AFT, AFL-CIO v. Board of Educ., 436 Mass. 763, 771 (2002). … Tenured civil servants such as Dykas have a property interest in their employment, see Board of Regents of State Colleges v.

McMann v. State Ethics Commission

32 Mass. App. Ct. 421 · Massachusetts Appeals Court · Apr 23, 1992

Commonwealth v. Galvin, 388 Mass. 326, 328 (1983). O’Brien v. Director of the Div. of Employment Sec., 393 Mass. 482, 487-488 (1984). Jinwala v. Bizzaro, 24 Mass. App. Ct. 1, 3 (1987). … The committees from the participating municipalities join together to form an RSD planning board. G. L. c. 71, § 14.

Blue Moon Saloon, Inc. v. Alcoholic Beverages Control Commission

11 Mass. App. Ct. 890 · Massachusetts Appeals Court · Dec 19, 1980

See Jacob Siegel Co. v. FTC, 327 U.S. 608, 612-613 (1946). See also Number Three Lounge, Inc. v. Alcoholic Beverages Control Commn., 7 Mass. App. Ct. 301, 313 (1979). 3. … See Levy v. Board of Registration & Discipline in Medicine, 378 Mass. 519, 528-529 (1979). Compare Number Three Lounge, Inc. v. Alcoholic Beverages Control Commn., supra at 312-313.

Denis Corp. v. Commissioner of Revenue

34 Mass. App. Ct. 909 · Massachusetts Appeals Court · Feb 16, 1993

This amendment was in apparent response to Wakefield Ready-Mixed Concrete Co. v. … Decision of Appellate Tax Board affirmed.

Pierce v. Crawley

4 Mass. App. Ct. 866 · Massachusetts Appeals Court · Dec 23, 1976

See and compare Gordon v. Robinson Homes, Inc. 342 Mass. 529, 531-532 (1961). … of by the plaintiffs could not be taken to mean that the vote of any of the individual members of the board had been cast in bad faith, maliciously or corruptly so far as either plaintiff was concerned.

McKinley Investments, Inc. v. Middleborough Land, LLC

62 Mass. App. Ct. 616 · Massachusetts Appeals Court · Dec 3, 2004

See Johnston v. … Compare Rosenfeld v.

Romano v. Weiss

26 Mass. App. Ct. 162 · Massachusetts Appeals Court · Jul 1, 1988

Compare Soreng v. … See Martin v. Hall, 20 Cal.

Masa Builders, Inc. v. Hanson

30 Mass. App. Ct. 930 · Massachusetts Appeals Court · Mar 27, 1991

For cases somewhat comparable on the facts, see Flynn v. Korsack, 343 Mass. 15 *931 (1961); Boutin v. Perreault, 343 Mass. 329, 332 (1961); Mastrandrea v. Baressi, 2 Mass. App. Ct. 54, 57 (1974); Shaw v. Solari, 8 Mass. … Ct. 151 (1979); Brown v. Sneider, 9 Mass. App. Ct. 329, 332-333 (1980); Stagman v. Kyhos, 19 Mass. App. Ct. 590, 592-594 (1985). 2.

Dupree v. School Committee

15 Mass. App. Ct. 535 · Massachusetts Appeals Court · Mar 29, 1983

We recognize that Tobin v. … Board of Educ., 101 Ariz. 268, 273 (1966) (mere bringing of criminal charges not sufficient *541 cause to cancel contract). Cf. Ott v. Board of Educ., 160 N.J.

Massachusetts Highway Department v. Perini Corp.

83 Mass. App. Ct. 96 · Massachusetts Appeals Court · Jan 17, 2013

See Marie v. Allied Home Mort. … Illuminating Co. v. Utility Wkrs.

Commonwealth v. Duncan

71 Mass. App. Ct. 150 · Massachusetts Appeals Court · Jan 31, 2008

The defendants’ reliance on Commonwealth v. Brown, 50 Mass. App. Ct. 253 (2000), is misplaced. … In Brown , there was no evidence that identified the *155 defendants as the men near the area of a shed where the gun was found, and no movement by the defendants that linked them to the gun found under the couch.

McCarthy v. Landry

42 Mass. App. Ct. 488 · Massachusetts Appeals Court · Apr 16, 1997

Brown, J. The plaintiffs, heirs of the estate of Earle N. Hunter, originally brought this action for damages against Nancy J. Landry, administratrix of the estate. … See Fanaras Enterprises, Inc. v. Doane, 423 Mass. 121, 124-125 (1996). See also DeVaux v. American Home Assur. Co., 387 Mass. 814, 816-817 (1983); DaRoza v. Arter, 416 Mass. 377, 381-382 (1993); Williams v.

Rockwell v. Hertz Truck Rental Corp.

3 Mass. App. Ct. 727 · Massachusetts Appeals Court · Mar 28, 1975

This is an action of tort for personal injuries alleged to have resulted when the plaintiff’s foot broke through rotted floor boards in the body of a truck in which he was working. … See Jacobs v. Hertz Corp. 358 Mass. 541, 544 (1970), and cases cited. Judgment is to be entered for the defendant. So ordered.

Town of Arlington v. Local 1297, International Ass'n of Firefighters

6 Mass. App. Ct. 874 · Massachusetts Appeals Court · Apr 28, 1978

After the decision of the Supreme Judicial Court in Arlington v. … Glenn Acres, Inc. v. Cliffwood Corp., 353 Mass. 150, 156 (1967), and cases cited. The case of Trustees of B. & Me. Corp. v. Massachusetts Bay Transp.

Northeast Reclamation Corp. v. Town of Wareham

54 Mass. App. Ct. 564 · Massachusetts Appeals Court · Apr 24, 2002

Brown, J. The defendant town solicited bids for the reclamation and reconstruction of four streets. … McNamara v. Honeyman, 406 Mass. 43, 46 (1989), quoting from Poirier v. Plymouth, 374 Mass. 206, 212 (1978).

Woo v. Moy

17 Mass. App. Ct. 949 · Massachusetts Appeals Court · Dec 15, 1983

Kemble Fischer Realty Trust v. Board of Appeals of Concord, 9 Mass. App. Ct. 477, 478-480 (1980). On the basis of the plaintiffs’ unopposed affidavits, summary judgment entered. Community Natl. Bank v. … Vaughan v. Commonwealth, 377 Mass. 914 (1979). United States Fid. & Guar. Co. v. N.J.B. Prime Investors, 6 Mass. App. Ct. 455 , 456 n.3 (1978).

Stovall v. Northwest Airlines, Inc.

33 Mass. App. Ct. 1 · Massachusetts Appeals Court · Jul 9, 1992

See Evangelinos v. … See Martinez Hernandez v. Air France, 545 F.2d at 282 ; Maugnie v. Compagnie Nationale Air France, 549 F.2d at 1262 ; Buonocore v. Trans World Airlines, Inc., 900 F.2d 8, 9 (2d Cir. 1990). Contrast Ricotta v.

Kalinowski v. Smith

6 Mass. App. Ct. 769 · Massachusetts Appeals Court · Dec 29, 1978

Dobb v. Baker, 505 F.2d 1041, 1043 (1st Cir. 1974). … See Brown v. Knight, 362 Mass. 350, 352 (1972); Dilorio v. Tipaldi, 4 Mass. App. Ct. 640, 643-645 (1976); Reese v. McGinn Bus Co., post 916 (1978).