Gelinas, J.
This case presents the issue of whether a District Court Judge exceeded her authority and acted in an arbitrary, capricious or whimsical way in dismissing an action under Mass. R. Civ. P., Rule 41 (b) (2). We hold that she did not so act and we dismiss the plaintiff's report, allowing the dismissal of the complaint in District Court to stand.
Plaintiff brought this action on June 24, 1985, alleging a dispute over a real estate transaction occurring...
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