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CAS. RECIPROCAL EXCH. v. FAZIO ENTER., INC.

1991 Mass. App. Div. 84 (1991)

Casualty Reciprocal Exchange vs. Fazio Enterprises, Inc.

Massachusetts Appellate Division, Northern District.

June 21, 1991.

Attorney(s) appearing for the Case

Joseph A. Riley for the plaintiff.

Michelle J. Lipton for the defendant.

Present: Sherman, P.J., Banks & Flatley, JJ.

Banks, J.

This is an appeal by the plaintiff from the trial court's allowance of the defendant's Dist./Mun. Cts. R. Civ. P., Rule 12(b) (6) motion for dismissal on the ground of res judicata, and for sanctions. The report states that the issue presented for appellate consideration is:

whether a judgment dismissing a case pursuant to Rule 37(b) (2) for plaintiff's failure to comply with a court order is a binding judgment on the merits which precludes a subsequent...

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