BUCCHIERE v. NEW ENGLAND TELEPHONE & TELEGRAPH CO.


396 Mass. 639 (1986)

488 N.E.2d 1

JOHN J. BUCCHIERE & others vs. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY.

Supreme Judicial Court of Massachusetts, Essex.

January 30, 1986.


Attorney(s) appearing for the Case

James N. Decoulos (Robert C. Hagopian with him) for the plaintiffs.

Edward Woll, Jr., for the defendant.

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


LYNCH, J.

On December 7, 1977, the plaintiffs commenced this action against the defendant New England Telephone and Telegraph Company (company), seeking money damages for alleged overcharges over a period of thirty-seven years, resulting from "unjust, unreasonable, unjustly discriminatory toll rates" applicable to residents of Saugus. Almost seven years later a Superior Court judge allowed the company's motion to dismiss under Mass. R. Civ. P. 41 (b) (2), 365 Mass...

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