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CHICOPEE LIONS CLUB v. DIST. ATTORNEY FOR HAMPDEN DIST

396 Mass. 244 (1985)

485 N.E.2d 673

CHICOPEE LIONS CLUB vs. DISTRICT ATTORNEY FOR THE HAMPDEN DISTRICT & others.

Supreme Judicial Court of Massachusetts, Hampden.

November 18, 1985.

Attorney(s) appearing for the Case

George Nassar for the plaintiff.

Jacqueline L. Allen, Assistant Attorney General, for the District Attorney for the Hampden District & another.

Savino J. Basile, for Hampden County, submitted a brief.

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

HENNESSEY, C.J.

The plaintiff, Chicopee Lions Club (the club), brought a civil rights action against the district attorney for the Hampden District, Hampden County, and the Commonwealth of Massachusetts. All three defendants moved under Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974), to dismiss the plaintiff's complaint for failure to state a claim upon which relief could be granted. A Superior Court judge granted the defendants' motion on February 13, 1984, and...

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