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T.W. NICKERSON, INC. v. FLEET NATIONAL BANK

SJC-10487

456 Mass. 562 (2010)

T.W. NICKERSON, INC. v. FLEET NATIONAL BANK, trustee, & others.

Supreme Judicial Court of Massachusetts, Barnstable.

April 16, 2010.

Attorney(s) appearing for the Case

S. Elaine McChesney (Laura K. Langley with her) for Fleet National Bank.

Thomas F. Sullivan (Hrant H. Russian with him) for the plaintiff.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

SPINA, J.

The plaintiff, T.W. Nickerson, Inc., commenced a civil action against the defendants Fleet National Bank (Fleet), trustee of the Theodore W. Nickerson Trust, and Edmund Nickerson, Kenneth Nickerson, Theodora Burson, and Diana Lapham, the four remainder beneficiaries of the trust. The complaint alleged claims for violations of the covenant of good faith and fair dealing and G. L. c. 93A. After a jury-waived trial, a judge in the Superior Court ordered judgment...

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