BERMAN v. HORSEMEN’S BENEVOLENT PROTECTIVE ASSO., 354 Mass. 768 (1968)

238 N.E.2d 368

FRANK E. BERMAN others vs. HORSEMEN’S BENEVOLENT PROTECTIVE ASSOCIATION another.

Supreme Judicial Court of Massachusetts.
June 3, 1968.

A final decree was entered August 7, 1967. From this decree the plaintiffs did not appeal but on September 7, 1967, filed their motion to vacate the decree which was denied after hearing on September 25, 1967. This is an appeal from the order denying the motion. There is no showing of clerical error, mistake, default through negligence, or other ground upon which it would have been proper to grant the motion. Thompson v. Goulding, 5 Allen, 81. Hyde Park Sav. Bank v. Davankoskas, 298 Mass. 421.

Order denying motion to vacate decree affirmed.

J. Fleet Cowden Frank E. Berman for the plaintiffs.

Edwin A. Nelson, Jr., for Horsemen’s Benevolent Protective Association.

Lee H. Kozol for Eastern Racing Association, Inc.

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