JONES v. BROCKTON PUBLIC MARKETS, INC.


369 Mass. 387 (1975)

340 N.E.2d 484

NICHOLAS JONES vs. BROCKTON PUBLIC MARKETS, INC.

Supreme Judicial Court of Massachusetts, Plymouth.

December 31, 1975.


Attorney(s) appearing for the Case

Seth Shenfield for the plaintiff.

Laura Steinberg for the defendant.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & WILKINS, JJ.


TAURO, C.J.

This case is before us on appeal from a judgment entered in the Superior Court after the granting of the defendant's motion to dismiss under Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974). The sole issue is whether the plaintiff's complaint states a case of abuse of process. We hold that it does not and we affirm the trial judge's dismissal of the complaint.

For the purpose of testing the correctness of the trial judge's ruling, "the allegations...

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