Swift & Co. v. Superior Pet Products, Inc.

The appeal must be dismissed as premature because no final judgment has been entered pursuant to the order found in the concluding paragraph of the judge’s memorandum of decision dated June 11, 1976. Nantucket Land Council, Inc. v. Planning Bd. of Nantucket, ante, 206, 207 (1977). Tisei v. Building Inspector of Marlborough, ante, 328, 330 (1977). We see no harm, however, in stating our belief (by way of dictum) that the judge did not err in the action taken by him under Mass.R.Civ.P. 50(b), 365 Mass. 814 (1974), with respect to count 2 of Swift’s third-party complaint against Superior.…