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DAVIDSON v. COMMONWEALTH

8 Mass. App. Ct. 541 (1979)

395 N.E.2d 1314

NORMAN DAVIDSON, trustee in bankruptcy, vs. COMMONWEALTH.

Appeals Court of Massachusetts, Essex.

October 31, 1979.

Attorney(s) appearing for the Case

Richard H. Gens for the plaintiff.

Elizabeth Bowen Donovan, Assistant Attorney General, for the Commonwealth.

Present: ARMSTRONG, ROSE, & DREBEN, JJ.

ROSE, J.

The plaintiff1 brought an action in the Superior Court seeking damages for an alleged taking of its property by the Commonwealth. The judge allowed the defendant's motion to dismiss the action (Mass.R.Civ.P. 12[b][6], 365 Mass. 755 [1974]),2 and the plaintiff appealed. We affirm.

The relevant undisputed facts, taken from the complaint, exhibits...

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