KILBANE v. SECRETARY OF HUMAN SERVICES


14 Mass. App. Ct. 286 (1982)

438 N.E.2d 89

EDWARD M. KILBANE vs. SECRETARY OF HUMAN SERVICES & others.

Appeals Court of Massachusetts, Suffolk.

August 3, 1982.


Attorney(s) appearing for the Case

Susan Tuchman (David H. Mendes with her) for the plaintiff.

Bruce E. Mohl, Assistant Attorney General, for the defendants.

Present: BROWN, PERRETTA, & KASS, JJ.


KASS, J.

Acting under G.L.c. 266, § 91, as amended through St. 1963, c. 222, which deals with false advertising, the plaintiff sought to enjoin the defendants from publishing and distributing certain informational material. A Superior Court judge allowed a motion to dismiss the complaint for failure to state a claim for which relief can be granted (Mass.R.Civ.P. 12[b][6], 365 Mass. 755 [1974]) and judgment entered accordingly. We affirm.

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