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PHILIPS v. PEMBROKE REAL ESTATE, INC.

443 Mass. 110 (2004)

DAVID PHILLIPS v. PEMBROKE REAL ESTATE, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

December 21, 2004.

Attorney(s) appearing for the Case

Scott P. Lewis (Thane D. Scott with him) for the defendant.

Andrew D. Epstein (Lucy D. Lovrien with him) for the plaintiff.

The following submitted briefs for amici curiae:

Ben Robbins for New England Legal Foundation.

Martin R. Healy, Christopher D. Moore, and Dahlia S. Fetouh for National Association of Industrial and Office Properties.

Daniel H. Weiner & Francesca K. Garson, of New York, for Volunteer Lawyers for the Arts of Massachusetts & another.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, SOSMAN, & CORDY, JJ.

CORDY, J.

There appearing to be no controlling precedent in the decisions of the Supreme Judicial Court, a judge of the United States District Court for the District of Massachusetts certified the following question for our consideration:1

"Under the facts and circumstances described in the District Court's October 24, 2003 Memorandum and Order, to what extent does the Massachusetts...

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