Mathias v. Beatrice Foods Co.

We have to decide whether the complaint stated any claim against any of the defendants, and, if the answer be negative, what should be the disposition where the judge below, instead of considering dismissal under Mass.R.Civ.P. 12(b) (6), 365 Mass. 755 (1974), mistakenly dismissed the action by summary judgments2 under Mass.R.Civ.P. 56, 365 Mass. 824 (1974).

1. The complaint made the following statement in substance. Plaintiff Frank Mathias was a sales person in the Market Forge Division of defendant Beatrice Foods Co; he had been employed by the company for some twenty-six years. In February,…