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NEW ENGLAND MILK DEALERS v. DEPT, FOOD & AGRIC

22 Mass. App. Ct. 705 (1986)

497 N.E.2d 647

NEW ENGLAND MILK DEALERS ASSOCIATION, INC., & another vs. DEPARTMENT OF FOOD AND AGRICULTURE.

Appeals Court of Massachusetts, Suffolk.

September 22, 1986.

Attorney(s) appearing for the Case

James C. Gahan, Jr., for the plaintiffs.

Douglas H. Wilkins, Assistant Attorney General, for the defendant.

Present: ARMSTRONG, KASS, & WARNER, JJ.

KASS, J.

On its face, a judge of the Superior Court decided, the complaint in this case was time barred and, accordingly, he allowed a motion to dismiss under Mass.R.Civ.P. 12(b)(1) and (6), 365 Mass. 755 (1974). The case raises the question whether a person seeking review of a regulation promulgated by an administrative agency is bound by a limitation period contained in a statute which prescribes the method for reviewing

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