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TAUSEVICH v. BOARD OF APPEALS OF STOUGHTON

402 Mass. 146 (1988)

521 N.E.2d 385

EDWARD TAUSEVICH & others vs. BOARD OF APPEALS OF STOUGHTON.

Supreme Judicial Court of Massachusetts, Norfolk.

April 12, 1988.

Attorney(s) appearing for the Case

Kenneth B. Hoffman (Mark Roder with him) for the plaintiffs.

John W. Giorgio for the defendants.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & O'CONNOR, JJ.

WILKINS, J.

In this case we conclude that determinations made on a partial summary judgment in an earlier action between the parties are not entitled to collateral estoppel or issue preclusion effect. We do so because the earlier action, in which an apparently substantial issue remained undecided, was terminated by a stipulation of dismissal without prejudice and because the partial summary judgment never was expressed in...

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