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BENJAMIN v. GROSNICK

Nos. 93-1004, 93-1005.

999 F.2d 590 (1993)

Edward H. BENJAMIN, Plaintiff, Appellant, v. Allen H. GROSNICK, Defendant, Appellee. Peter J. EMBRIANO, Plaintiff, Appellant, v. Allen H. GROSNICK, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 20, 1993.

Attorney(s) appearing for the Case

C. Brian McDonald, with whom Ronald P. Weiss, Gerald P. Ciejka and Bulkley, Richardson and Gelinas, Springfield, MA, were on brief, for plaintiffs, appellants.

Robert Aronson, with whom Law Offices of Robert Aronson, Springfield, MA, was on brief, for defendant, appellee.

Before TORRUELLA, Circuit Judge, FEINBERG, Senior Circuit Judge, and BOUDIN, Circuit Judge.

TORRUELLA, Circuit Judge.

In companion cases, appellants, Edward Benjamin, M.D. and Peter Embriano, M.D., sued appellee Allen Grosnick for deceit, fraud, negligent misrepresentation, breach of fiduciary duty, and violations of state and federal securities law. The district court dismissed the claims on the ground that appellants failed to properly serve pleadings upon appellee within the required one hundred twenty days of...

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