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DAUGHERTY v. ELMCREST, INC.

Civ. A. No. 92-30183-MAP.

853 F.Supp. 561 (1994)

Lana Brown DAUGHERTY, Plaintiff, v. ELMCREST, INC. and Country Caterers, Inc., Defendants.

United States District Court, D. Massachusetts.

May 26, 1994.

Attorney(s) appearing for the Case

Lawrence B. Wernick, Cohen, Rosenthal, Price, Mirkin & Wernick, Springfield, MA Gerald S. Sack, Sack, Spector & Barrett, West Hartford, CT, for Lana Brown Daugherty.

J. Norman O'Connor, David M. Mongue, Donovan & O'Connor, Adams, MA, for Elmcrest, Inc.

Kathleen E. Sheehan, Keyes & Donnellan, Springfield, MA, for Country Caterers, Inc.

MEMORANDUM REGARDING DEFENDANT ELMCREST'S MOTION FOR PARTIAL SUMMARY JUDGMENT

PONSOR, District Judge.

I. INTRODUCTION

This motion raises a question of first impression in the Commonwealth of Massachusetts: May the holder of a liquor license be held liable for injuries resulting from the negligence of a lessee using its premises who improperly sells alcoholic beverages? The facts underlying...

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