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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 46

Citation
§ 46
Parent Document
Leardi v. Brown, 474 N.E.2d 1094 (1985)
Jurisdiction
Massachusetts (state)
Effective Date
1985-02-28

Other Sections in This Document (103)

Full Text

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The defendants have not squarely raised the issue of the composition of the class which is entitled to damages. See Mass. R. A. P. 16 (a) (4), as amended, 367 Mass. 919 (1975). Nonetheless, we believe that the argument is implicit in their appeal of the judge’s multiplication of the statutory award, and we consider it to avoid the injustice which might otherwise result. See, e.g., McLeod’s Case, 389 Mass. 431, 434 (1983). 13