NELSON v. TIMES


373 A.2d 1221 (1977)

Lorraine NELSON et al. v. Maine TIMES.

Supreme Judicial Court of Maine.

June 3, 1977.


Attorney(s) appearing for the Case

Kenneth C. Thompson, Old Town, for plaintiffs.

Preti & Flaherty by David M. Cohen, Peter H. Rysman, Portland, for defendant.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY, WERNICK and ARCHIBALD, JJ.


ARCHIBALD, Justice.

The plaintiffs have appealed from a Superior Court ruling granting the defendant's motion to dismiss their complaint for "failure to state a claim upon which relief can be granted". Rule 12(b)(6), M.R.C.P.

We deny the appeals.

The plaintiffs, mother and minor son, are both described in the complaint as "members of the Penobscot Tribe of Indians and reside on the Penobscot Tribal Indian Reservation, Indian Island, Old Town."

...

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