Wheatley, J.
The plaintiffs in this case, begun March 8, 1999, seek damages resulting from reliance upon the defendant's inspection and certification of a septic system which failed. Under Mass. R. Civ. P., Rule 12(b) (6), the defendant filed a "motion to dismiss or in the alternative for judgment on the pleadings," arguing that the plaintiff failed to state a cause of action and is barred by the Statute of Limitations. On May 20, 1999, the trial court judge, treating...
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