NOLAN, J.
The judge erred in allowing the defendant's motion to dismiss under Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974).
The complaint avers that the plaintiff was appointed Commissioner of the Metropolitan District Commission (M.D.C.) by Governor Edward J. King on the day after the latter's inauguration in January, 1979. As a result of the published materials which are under review in this case, he was forced to resign. Annexed to and made...
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