Categories: Massachusetts Appellate Court Opinions

REVERE RACING ASSOC. v. NIGRO, 8 Mass. App. Ct. 933 (1979)

396 N.E.2d 1021

REVERE RACING ASSOCIATION, INC. vs. JOSEPH W. NIGRO others (and a companion case[1] ).

Appeals Court of Massachusetts.
November 27, 1979.

[1] Revere Racing Association, Inc. vs. John Basile
another.

Various of the defendants

Page 934

in these two cases have claimed appeals from an order entered by a single justice of this court, acting under the provisions of G.L.c. 214, § 6(6) (as appearing in St. 1973, c. 1114, § 72), following transfers to this court under G.L.c. 211, § 4A (as most recently amended by St. 1978, c. 478, § 100), which affirmed an order for the issuance of a preliminary injunction which had previously been entered by a three-judge panel of the Superior Court under the provisions of G.L.c. 212, § 30 (as appearing in St. 1973, c. 1114, § 58), and G.L.c. 214, § 6(1)-(5) (as appearing in St. 1973, c. 1114, § 62). All the appeals are dismissed on the authority of and for the reasons set out i Tammany Hall, Inc. v. Garrity, 362 Mass. 883, 883-884 (1972), which was decided under statutory provisions (G.L.c. 214, § 9A, as in effect prior to St. 1973, c. 1114, § 62) identical in all material respects to those now found in G.L.c. 214, § 6(6).

So ordered.

Ellen C. Kearns (Lawrence M. Kearns with her) for the plaintiff.

Harold B. Roitman for John Basile another.

Louis A. Guidry, for Joseph W. Nigro others, submitted a brief.

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