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William Langton vs. John Marshall, and others L.E. DuBois, Thomas Rapone, Nancy White and NYNEX.

Damages, For alleged noncompliance with permanent injunction. Practice, Civil, Dist./Mun. Cts. R Civ. P., Rule 64 (c).

Teahan, J.

This matter arises out of a civil entry in the District Court of Gardner on June 15, 1994 seeking damages on a daily and escalating basis for alleged noncompliance with a U.S. District Court permanent injunction. Prior to responsive pleadings the Court, sua sponte, dismissed the action for lack of jurisdiction.

The new Dist./Mun. Cts. Rules for Appellate Division Appeal are not applicable. They apply to cases entered as of July 1, 1994. The plaintiff has failed to comply with Dist./Mun. Cts. R. Civ. P., Rule 64 (c).

There is no report before us. We are unable to reach any issues raised.

The appeal is dismissed.

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LANGTON v. MARSHALL
(Feb 24, 1995)