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SIMMONS v. STATE

No. 76-208-Appeal.

381 A.2d 1045 (1978)

George SIMMONS and Debra Simmons, p. p. a. v. STATE of Rhode Island et al.

Supreme Court of Rhode Island.

January 6, 1978.

Attorney(s) appearing for the Case

Quinn, Cuzzone & Geremia, John F. Cuzzone, Jr., Providence, for plaintiffs.

Julius C. Michaelson, Atty. Gen., Seth Adam Perlmutter, Sp. Asst. Atty. Gen., for defendants.

OPINION

JOSLIN, Justice.

In this civil action involving multiple parties, the plaintiffs have appealed from a decision of a Superior Court justice granting a Super.R.Civ.P. 12(b)(8) motion for the State of Rhode Island, one of the two defendants, to dismiss the plaintiffs' complaint for failure to state a claim upon which relief can be granted.

Following the hearing before us on briefs and oral arguments, a closer examination of the records in the...

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