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SYDNEY v. COMMISSIONER OF CORPORATIONS & TAXATION

371 Mass. 289 (1976)

356 N.E.2d 460

STANLEY H. SYDNEY & another vs. COMMISSIONER OF CORPORATION AND TAXATION & others.

Supreme Judicial Court of Massachusetts, Suffolk.

November 3, 1976.

Attorney(s) appearing for the Case

Myrna Putziger for the plaintiffs.

Howard Whitehead, Assistant Attorney General, for the defendant.

Present: HENNESSEY, C.J., REARDON, QUIRICO, KAPLAN, & WILKINS, JJ.

KAPLAN, J.

After commencing the present action for a declaratory judgment by filing a complaint in the Superior Court, the plaintiffs moved for preliminary injunctive relief. On the defendants' suggestion at the hearing that the court lacked jurisdiction of the subject matter, the judge, acting under Mass. R. Civ. P. 12 (h) (3), 365 Mass. 754 (1974),2 entered judgment of dismissal. We took the case for direct review on our own initiative...

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