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MORAIS v. CITY OF LOWELL

No. 98-P-938.

50 Mass. App. Ct. 540 (2000)

DANIEL MORAIS & others v. CITY OF LOWELL.

Court of Appeals of Massachusetts, Middlesex.

December 1, 2000.

Attorney(s) appearing for the Case

Brian J. Sullivan for the plaintiffs.

Marie Sheehy for the defendant.

Present: JACOBS, GILLERMAN, & GELINAS, JJ.

JACOBS, J.

The plaintiffs, owners of a six-unit apartment building in Lowell (city), filed a complaint in the Superior Court seeking damages from the city under the Massachusetts Tort Claims Act, G. L. c. 258. We agree with the plaintiffs' contention on appeal that the city's motion to dismiss their complaint, for failure to state a claim upon which relief can be granted, filed pursuant to Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974), was wrongly allowed.

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