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DiTINNO v. DiTINNO

Civ. A. No. 82-2788-G.

554 F.Supp. 996 (1983)

Dennis F. DiTINNO, Alexander J. DiTinno and David J. DiTinno, Plaintiffs, v. Betty Ann DiTINNO, as Executrix of the Estate of Felix P. DiTinno, and Betty Ann DiTinno, Individually, Defendant.

United States District Court, D. Massachusetts.

January 10, 1983.

Attorney(s) appearing for the Case

Austin, Philbin, Stephen J. Philbin, Clinton, Mass., for plaintiffs.

Thomas F. McEvilly, McEvilly & Curley, Leominster, Mass., for defendant.

MEMORANDUM OF DECISION GRANTING DEFENDANT'S MOTION TO DISMISS

GARRITY, District Judge.

This is an action seeking a declaratory judgment pursuant to 28 U.S.C.A. §§ 2201 and 2202 and Massachusetts General Laws Chapter 231A, § 1. The facts relevant to this motion are not in dispute; the plaintiffs have adopted the defendant's statement of the case. The defendant is the wife of the decedent. The plaintiffs are three sons of the decedent by a former...

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