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BURLINGTON v. DISTRICT ATTORNEY FOR THE NORTHERN DIST.

381 Mass. 717 (1980)

412 N.E.2d 331

TOWN OF BURLINGTON & others vs. DISTRICT ATTORNEY FOR THE NORTHERN DISTRICT.

Supreme Judicial Court of Massachusetts, Suffolk.

October 31, 1980.

Attorney(s) appearing for the Case

David Berman, Town Counsel, for the plaintiffs.

Peter W. Agnes, Jr., Assistant District Attorney, for the defendant.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & ABRAMS, JJ.

KAPLAN, J.

In this action commenced in the county court by the town of Burlington and the town's selectmen, as plaintiffs, against the district attorney for the Northern district, as defendant,2 the defendant answered the complaint (as amended) with denials and affirmative defenses, and then moved for judgment on the pleadings. Mass. R. Civ. P. 12 (c), 365 Mass. 754 (1974). The effect of the motion was to challenge the legal sufficiency...

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