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H. SANDBERG v. CLERK OF DIST COURT, N. NORFOLK

12 Mass. App. Ct. 686 (1981)

428 N.E.2d 359

H. SANDBERG & SON, INC. vs. CLERK OF THE DISTRICT COURT OF NORTHERN NORFOLK.

Appeals Court of Massachusetts, Norfolk.

December 2, 1981.

Attorney(s) appearing for the Case

Maureen L. Fox, Assistant Attorney General, for the defendant.

Sumner Bauman for the plaintiff.

Present: HALE, C.J., GRANT, & GREANEY, JJ.

GRANT, J.

The plaintiff commenced a civil action in the Superior Court which was transferred to a District Court for trial under the provisions of G.L.c. 231, § 102C, as appearing in St. 1978, c. 478, § 262. The plaintiff's counsel, although duly notified, failed to appear when the case was called for trial. A judge of the District Court entered a judgment of dismissal as to all the defendants.1 When counsel for the plaintiff...

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