ROSE, J.
The plaintiff brought an action in which he alleged that negligent record keeping on the defendant's part resulted in the issuance of a default warrant for the plaintiff, Ramon Ortiz, rather than for one Ramon A. Ortiz, who is eighteen years younger than the plaintiff. As a result of the issuance of the warrant, the plaintiff was arrested and imprisoned. The action was dismissed under Mass.R.Civ.P. 12(b), 365 Mass. 755 (1974), on the ground that the claim...
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