PETER V. CIPOLLA, INC. v. SMITHFIELD ESTATES, INC.

No. 77-229-A.

396 A.2d 114 (1979)

PETER V. CIPOLLA, INC. v. SMITHFIELD ESTATES, INC., et al.

Supreme Court of Rhode Island.

January 4, 1979.


Attorney(s) appearing for the Case

Peter Palombo, Jr., Providence, for plaintiff.

J. Renn Olenn, Providence, for defendants.


ORDER

This case is assigned to the February, 1979 show cause calendar.

The defendants are directed to appear and show cause why this appeal should not be dismissed in view of our rule that in reviewing a trial justice's ruling on a motion to dismiss pursuant to Super.R.Civ.P. 41(b)(2), this court determines only if he misconceived or overlooked material evidence or was clearly wrong, William T. Young, Inc. v. Simpson, 111 R.I. 12,

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