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BENNETT v. FLORENCE

347 Mass. 707 (1964)

200 N.E.2d 291

EDWARD H. BENNETT, JR., & another, trustees, vs. LEONARD FLORENCE, trustee, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 29, 1964.

Attorney(s) appearing for the Case

Edward H. Bennett, Jr. (John D. Dwyer & Joseph H. Choate, 3rd, with him) for the petitioners.

Bernard P. Rome (Joseph R. Standell with him) for the respondents.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

WHITTEMORE, J.

The petitioners are two of three trustees of a voting trust of all the stock of Raimond, Inc. under an agreement of June 18, 1956. Their petition in the Probate Court for Suffolk County is, by its title, "for accounting and recovery of assets." The respondents, and certain of their alleged acts as described and set out in the petition are: (1) Raimond, Inc. and two (a majority) of its directors, that is (2) Judah M. Stone, and (3) Leonard Florence;...

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