BARBER v. MURPHY

No. 81-353-A.

442 A.2d 446 (1981)

Jane H. BARBER v. Walter MURPHY et al.

Supreme Court of Rhode Island.

December 17, 1981.


Attorney(s) appearing for the Case

Aram K. Berberian, Warwick, for plaintiff.

McKinnon & Fortunato, Stephen J. Fortunato, Jr., Pawtucket, for defendant.


ORDER

The plaintiff is here on appeal from a Superior Court judgment granting defendants' motion to dismiss plaintiff's complaint. The defendants move to affirm pursuant to Rule 16(g). An examination of the record, however, reveals that defendants' counterclaim has not been decided. As we have often stated, in such a case an order disposing of one or more but less than all of the claims is not appealable under Super.R. Civ.P. 54(b) unless the trial justice in entering...

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