Supreme Judicial Court of Massachusetts, Essex.
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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