EASTMAN KODAK CO. v. CLERK OF THIRD DIST. COURT


372 Mass. 232 (1977)

361 N.E.2d 230

EASTMAN KODAK COMPANY vs. CLERK OF THE THIRD DISTRICT COURT OF EASTERN MIDDLESEX.

Supreme Judicial Court of Massachusetts, Suffolk.

March 24, 1977.


Attorney(s) appearing for the Case

John C. Wyman for the plaintiff.

Peter R. Beatrice, Jr., for the defendant.

Present: HENNESSEY, C.J., KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.


KAPLAN, J.

Eastman Kodak Company commenced in the Supreme Judicial Court for Suffolk County a "civil action in the nature of [a] petition for [a] writ of mandamus" (see Mass. R. Civ. P. 81 [b], 365 Mass. 841 [1974]; G.L.c. 249, § 5) to compel official action by Joseph D. Conway, clerk of the Third District Court of Eastern Middlesex, under G.L.c. 231, § 104 (reproduced in the margin),1 providing for removal of certain District...

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