Legal Opinion

Sheffield Progressive, Inc. v. Kingston Tool Co.

Massachusetts Appeals Court

Decided June 19, 1980PublishedCited by 15 opinions

1Opinion of the CourtDreben, J.

This is an appeal by six unsecured creditors of Worcester Pressed Aluminum Corp. (Worcester) from a judgment dismissing their action for failure to state a claim against two secured creditors, Worcester County National Bank (bank) and Kingston Tool Company, Inc. (Kingston). See Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974). Although the complaint stated a claim against Worcester and no order was entered on that claim, a Superior Court judge certified that there was no just reason for delay and directed the entry of final judgment for the bank and Kingston. 3 See Mass.R.Civ.P. 54(b), 365 Mass.…

2Cases cited7 opinions

  1. Nader v. CitronMassachusetts Supreme Judicial Court · 1977
  2. Whitinsville Plaza, Inc. v. KotseasMassachusetts Supreme Judicial Court · 1979
  3. Wren v. Hynes' administratorCourt of Appeals of Kentucky · 1859
  4. Bethlehem Fabricators, Inc. v. H. D. Watts Co.Massachusetts Supreme Judicial Court · 1934
  5. Buckley v. JohnMassachusetts Supreme Judicial Court · 1943

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3Cited by15 opinions

  1. James C. Thomas, as Trustee of Slt Trust 1 (Rev): 9/29/83 v. E. Lawrence Price, as Trustee of the Elaine Price Trust 1983Court of Appeals for the Fifth Circuit · 1992
  2. Ed Peters Jewelry Co. v. C & J Jewelry Co.Court of Appeals for the First Circuit · 1997
  3. Weiler v. PortfolioScope, Inc.Massachusetts Supreme Judicial Court · 2014
  4. National Gypsum Co. v. Continental Brands Corp.District Court, D. Massachusetts · 1995
  5. Boender v. Chicago North Clubhouse Ass'n, Inc.Appellate Court of Illinois · 1992

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