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PEGASUS MANAGEMENT CO., INC. v. LYSSA, INC.

Civil Action No. 95-12489-RCL.

995 F.Supp. 29 (1998)

PEGASUS MANAGEMENT COMPANY, INC., Kahuna, Inc., as General Partner of Lahaina Realty Limited Partnership, Olympus Healthcare Group, Inc., and Daniel J. Kane, Plaintiffs, v. LYSSA, INC., Robko, Inc., Ginko, Inc., Amram, Inc., TRJ, Inc., Josh Manor, Inc., Michael Konig, Individually and as General Partner of HRG Realty, L.P., Scott Swamp Realty, L.P., 1312 West Main Realty, L.P., 33 Roy Street, L.P., and Bidwell Realty, L.P., Defendants.

United States District Court, D. Massachusetts.

February 6, 1998.

Attorney(s) appearing for the Case

Robert P. Sherman, David R. DeVeau, Hutchins, Wheeler & Dittmar, Boston, MA, for Pegasus Management Company, Inc., Kahuna, Inc., Olympus Healthcare Group, Inc., Daniel J. Kane.

David R. DeVeau, Hutchins, Wheeler & Dittmar, Boston, MA, for Lahaina Realty Limited Partnership.

James J. Marcellino, Susan M. Insoft, Judith A. Goldberg, McDermott, Will & Emory, Boston, MA, for Lyssa, Inc., Robko, Inc., Ginko, Inc., Amram, Inc., TRJ, Inc., Josh Manor, Inc., Michael Konig, Scott Swamp Realty, L.P., 1312 West Main Realty, L.P., 33 Roy Street, L.P., Bidwell Realty, L.P.

MEMORANDUM AND ORDER ON PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AS TO LIABILITY ON COUNT II (BREACH OF WARRANTY) (# 26)

COLLINGS, United States Magistrate Judge.

I. Introduction

Originally filed in the Worcester County Superior Court, this civil action was removed to the federal court in November of 1995. In their four count complaint the plaintiffs, Pegasus Management Company, Inc. ("Pegasus"), Kahuna, Inc. ("Kahuna")...

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