Eastman Kodak Co. v. Clerk of the Third District Court

Eastman Kodak Company commenced in the Supreme Judicial Court for Suffolk County a “civil action in the nature of [a] petition for [a] writ of mandamus” (see Mass. R. Civ. P. 81 [b], 365 Mass. 841 [1974]; G. L. c. 249, § 5) to compel official action by Joseph D. Conway, clerk of the Third District Court of Eastern Middlesex, under G. L. c. 231, § 104 (reproduced in the margin) ,1 providing for removal of certain District *234Court actions to the Superior Court. A single justice of this court reserved and reported the case, without decision, to the full bench upon a stipulation of facts, with…