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CUMBERLAND FARMS, INC. v. FRAMINGHAM DIVISION OF THE DISTRICT COURT DEPARTMENT

No. 11-P-1286.

81 Mass. App. Ct. 732 (2012)

CUMBERLAND FARMS, INC. v. FRAMINGHAM DIVISION OF THE DISTRICT COURT DEPARTMENT & another.

Appeals Court of Massachusetts, Middlesex.

May 11, 2012.

Attorney(s) appearing for the Case

Brian E. Glennon, II, for the plaintiff.

Brent Gilbert for Casella Waste Management, Inc.

David R. Marks, Assistant Attorney General, for Framingham Division of the District Court Department.

Present: KANTROWITZ, WOLOHOJIAN, & SULLIVAN, JJ.

KANTROWITZ, J.

In this case we are asked to resolve whether an assistant clerk-magistrate presiding over a small claims action has the authority to act on contested motions. We conclude that an assistant clerk-magistrate does.

Facts. Cumberland Farms, Inc. (Cumberland), filed an action in the small claims session of the District Court against Casella Waste Management, Inc. (Casella), after power lines attached to one of Cumberland's stores were struck...

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