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SMITH v. SUBURBAN RESTAURANTS, INC.

374 Mass. 528 (1978)

373 N.E.2d 215

BONNIE LEE SMITH vs. SUBURBAN RESTAURANTS, INC.

Supreme Judicial Court of Massachusetts, Norfolk.

March 3, 1978.

Attorney(s) appearing for the Case

Alexander Whiteside, II, for the plaintiff.

Reginald L. Marden for the defendant.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS, & LIACOS, JJ.

WILKINS, J.

The plaintiff in this action for libel appeals from the allowance of the defendant's motion for summary judgment. The only facts properly considered as established on this motion for summary judgment are those admitted in the defendant's answer and those set forth in the only affidavit filed, that of the defendant's treasurer. Mass. R. Civ. P. 56 (c), (e), 365 Mass. 824 (1974). See Community Nat'l Bank v. Dawes, 369 Mass...

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