Bucchiere v. New England Telephone & Telegraph Co.

On December 7, 1977, the plaintiffs commenced this action against the defendant New England Telephone and Telegraph Company (company), seeking money damages for alleged overcharges over a period of thirty-seven years, resulting from “unjust, unreasonable, unjustly discriminatory toll rates” applicable to residents of Saugus. Almost seven years later a Superior Court judge allowed the company’s motion to dismiss under Mass. R. Civ. P. 41 (b) (2), 365 Mass. 804 *640(1974), for failure to prosecute, and judgment was thereupon entered for the company. Without seeking reconsideration or other relief…