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4 Mass. App. Ct. 771

McClintoch v. Allen

Massachusetts Appeals Court

Decided January 29, 1976

Massachusetts Appeals Court · decided 1976-01-29

Good law ✅— No negative treatment on recordhow we know

Decided 1976-01-29

How this case has been cited

Cited by 6 later decisions — most recently October 2000

6 state decisions

301976198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The plaintiffs have appealed from an order for judgment entered after allowance of the defendant’s motion to dismiss for failure to prosecute and after denial of the plaintiffs’ motion for rehearing. Rule 41 (b) (2) of the Massachusetts Rules of Civil Procedure, 365 Mass. 804 (1974), provides: “On motion of the defendant, with notice, the court may, in its discretion, dismiss any action for failure of the plaintiff to prosecute...” (emphasis supplied). No abuse .of that discretion has been demonstrated. The order for judgment is affirmed, and judgment is to be entered dismissing the action.

¶2So ordered.

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