Berube v. McKesson Wine & Spirits Co.

This is an appeal from the allowance of the plaintiffs’ motion under Mass.R.Civ.P. 60 (b) (1), 365 Mass. 828 (1974), 2 for relief from a judgment. The defend ant asserts that the judge made an error of law and abused his discretion by the allowance of the motion and the restoration of the case to the trial list. We rule under the circumstances of this case that the judge’s action was justified.

We summarize the facts necessary to frame the main procedural issues. In early 1975 the plaintiffs, by their amended complaint, asserted claims against the defendant for tortious interference with…