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THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT

ARGUMENT IS TENTATIVELY SCHEDULED FOR APRIL, 2009
AMICUS SUBMISSIONS ARE DUE ON OR BEFORE MARCH 23, 2009

SJC-10352
Bernard J. Pointer v. Victor Castellani & others

The issue presented, among others, is: in the case of a freeze-out in a closely held corporation, should the rule of Brodie v. Jordan, 447 Mass. 866 (2006), be modified to allow a buy-out or some other remedy, in circumstances in which the corporation became insolvent during the pendency of litigation, so that the freeze-out plaintiff was left with no effective remedy under Brodie.

Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.

January 26, 2009