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BARRETT v. MASSACHUSETTS INSURERS INSOLVENCY FUND

412 Mass. 774 (1992)

592 N.E.2d 1317

AMANDA BARRETT, administratrix, vs. MASSACHUSETTS INSURERS INSOLVENCY FUND.

Supreme Judicial Court of Massachusetts, Suffolk.

June 5, 1992.

Attorney(s) appearing for the Case

Frances L. Robinson (Willie J. Davis with her) for the plaintiff.

Joseph C. Tanski (Jo Anne Rosenblum with him) for the defendant.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & GREANEY, JJ.

LYNCH, J.

The plaintiff appeals from a judgment of the Superior Court allowing the defendant's motion to dismiss the plaintiff's complaint for failure to state a claim on which relief can be granted. Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974). We transferred the appeal here on our own motion and now affirm.

In evaluating allowance of the motion to dismiss, we accept as true the factual allegations of the complaint...

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