BARBER v. O'CONNOR


1989 Mass. App. Div. 162 (1989)

Edward Barber vs. Michael O'Connor

Massachusetts Appellate Division, Southern District.

July 28, 1989.


Attorney(s) appearing for the Case

Donald J. Kaiser for the plaintiff.

Deidre O'Regan and Barbara M. Garrity for the defendant.

Present: Black, P.J., Shubow & Dolan, JJ.


Shubow, J.

We have before us what we treat as a petition to establish a report pursuant to Dist./Mun. Cts. R. Civ. P., Rule 64(e), even though it is not captioned as such. The legal issue is whether the plaintiff, dissatisfied with the damage award in a remanded civil case, has been improperly halted in his efforts to retransfer the case for jury trial in the Superior Court pursuant to G.L.c. 231, § 102C. Attached to the petition are other papers as follows:...

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