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SABATINELLI v. TRAVELERS INS. CO.

369 Mass. 674 (1976)

341 N.E.2d 880

ANTONIO SABATINELLI vs. THE TRAVELERS INSURANCE COMPANY & others.

Supreme Judicial Court of Massachusetts, Worcester.

February 3, 1976.

Attorney(s) appearing for the Case

Terence F. Riley for the plaintiff.

William C. O'Neil, Jr. (E. Earl Rugg, Jr., with him) for Safeguard Insurance Company.

Eugene L. Rubin for The Travelers Insurance Company.

Charles Y. Wadsworth & Howard J. Alperin, for Massachusetts Bar Association, amicus curiae, submitted a brief.

Robert J. Muldoon, Jr., for the Boston Bar Association, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN & WILKINS, JJ.

WILKINS, J.

On October 8, 1975, the Appeals Court entered an order affirming the decrees of the Superior Court which dismissed the plaintiff's bill to reach and apply the obligations of the defendant insurers. Relying on its Rule 1:28, 3 Mass.App.Ct. 806 (1975), which is set forth in full in the margin,2 the Appeals Court heard no oral argument, filed no written opinion, but simply entered an order stating, "Upon consideration of the record...

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