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McCONE v. NEW ENGLAND TELEPHONE & TELEGRAPH CO.

393 Mass. 231 (1984)

471 N.E.2d 47

THOMAS R. McCONE & others vs. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

November 7, 1984.

Attorney(s) appearing for the Case

John H. Cunha, Jr. (Jill Heine with him) for the plaintiffs.

William J. McDonald (John S. May with him) for the defendant.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & O'CONNOR, JJ.

LIACOS, J.

The plaintiffs appeal from a judgment of a Superior Court judge allowing the defendant's motion to dismiss the complaint for failure to state a claim upon which relief can be granted. Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974).2 We transferred the appeal to this court on our own motion. The plaintiffs argue that the complaint should not have been dismissed because it alleged...

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