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CONST. PRODUCTS CO. v. W. D. MATTHEWS MACHINERY

388 A.2d 916 (1978)

CONSTRUCTION PRODUCTS CO., INC. v. W. D. MATTHEWS MACHINERY CO.

Supreme Judicial Court of Maine.

July 26, 1978.

Attorney(s) appearing for the Case

Irving Friedman, Lewiston (orally), for plaintiff.

Linnell, Choate & Webber by G. Curtis Webber, Auburn (orally), for defendant.

Before POMEROY, WERNICK, ARCHIBALD, DELAHANTY, GODFREY and NICHOLS, JJ.

ARCHIBALD, Justice.

Plaintiff has appealed from a Superior Court denial of its "Motion under Rule 60(b) for Relief from Dismissal under Rule 41(b)." We deny the appeal.

Plaintiff instituted a complaint against the defendant in the District Court on January 14, 1974, seeking to recover $4,549.00 for the sale of a "stainless steel spiral chute." The defendant seasonably removed the case to the Superior Court, Androscoggin County. Rule 73(b), D.C.Civ.R. Within...

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