Table of Contents.
| Table of Authorities Cited iii | iii | ||
| 1. MSI and TLC misstate both the facts and the law in their brief | 1 | ||
| a. There is a reviewable judgment in this case . | 1 | ||
| b. The Superior Court had no discretion to refuse to rule on summary judgment | 2 | ||
| c. No basis was shown for the exercise of discretion to grant the motion to dismiss without prejudice -- the reason given for moving to dismiss was, in fact, a reason to dismiss with prejudice. | 6 | ||
| d. MSI and TLC misrepresent William Silverstein's Brief. | 9 | ||
| Conclusion | 10 | ||
Bucchiere v. New England Telephone and Telegraph Company, 396 Mass. 639 (1986) | 3, 7 |
Less v. Berkshire Housing Services, Inc., 2000 WL 1349252 (D. Mass. 2000) | 5, 7 |
| Lucille E. Moran v. District Court of Central Middlesex, 347 Mass. 241 (1964) | 2 |
| Puerto Rico Maritime Shipping Authority v. Leith, 668 F.2d 46 (1981) | 5, 8 |
| United States of America v. All Funds, Monies, Securities, Mutual Fund Shares and Stocks Held in Fidelity Investments, et al., 81 F.3d 147, 1996 WL 141789 (1st Cir. 1996) | 5, 7 |
Massachusetts Rules of Civil Procedure.
Rule 41 | 4 |
| Rule 56(c) | 3, 4 |
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