SDK Medical Computer Services Corp. v. Professional Operating Management Group, Inc.

In this action, commenced in the Supreme Judicial Court for the county of Suffolk, the defendants responded to a complaint in four counts by moving to dismiss it under Mass. R. Civ. P. 12 (b), 365 Mass. 754 (1974). A single justice of this court allowed the motion as to all counts, but the practical effect of his disposition was that the plaintiffs would be free to commence an action in the Superior Court on count II, charging unfair methods of competition. The plaintiffs take the present appeal to the full court. We agree in substance with the single justice, but prefer on our own initiative…