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SWARTZ v. DEPARTMENT OF BANKING & INSURANCE

376 Mass. 593 (1978)

382 N.E.2d 1050

BRIAN SWARTZ vs. DEPARTMENT OF BANKING AND INSURANCE & another.

Supreme Judicial Court of Massachusetts, Suffolk.

November 9, 1978.

Attorney(s) appearing for the Case

Owen Gallagher for the plaintiff.

Jonathan Brant, Assistant Attorney General, for the defendants.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS, & LIACOS, JJ.

QUIRICO, J.

In this case, we are asked to review the correctness of an order of a judge of the Superior Court, entered pursuant to Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974), dismissing an action brought by the plaintiff Brian Swartz against the Department of Banking and Insurance (department). The Commissioner of Insurance (Commissioner) was later added as a defendant. Since, for the purpose of testing the correctness of the trial judge's decision to grant...

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