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RUBIN v. PRESCOTT

362 Mass. 281 (1972)

284 N.E.2d 902

HERBERT RUBIN, trustee, vs. RUTH PRESCOTT (and two companion cases).

Supreme Judicial Court of Massachusetts, Middlesex.

June 29, 1972.

Attorney(s) appearing for the Case

John L. Mason, Jr., for the defendant Ruth Prescott.

Robert G. McSweeney for the plaintiff.

Present: TAURO, C.J., REARDON, QUIRICO, & HENNESSEY, JJ.

QUIRICO, J.

By each of three summary process writs under G.L.c. 239, as amended, the plaintiff (landlord) seeks to recover possession of a separate apartment allegedly occupied unlawfully by the defendant (tenant) named therein. The cases were originally entered and tried in the District Court where the judge found for the landlord against the three tenants. The tenants appealed to the Superior Court under G.L.c. 239, § 5, as amended through St. 1969, c. 366...

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