Legal Opinion
Equipment & Systems for Industry, Inc. v. Northmeadows Construction Co.
Massachusetts Appeals Court
Decided November 12, 2003No. 02-P-507PublishedCited by 49 opinions
1Opinion of the Court
We agree with the Superior Court judge’s determination that the plaintiff’s complaint does not set forth a cause of action, and that dismissal pursuant to Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974), was appropriate.
We take as true the “allegations of the complaint, as well as such inferences as may be drawn therefrom in the plaintiff’s favor.” Blank v. Chelmsford Ob/Gyn, P.C., 420 Mass. 404, 407 (1995). We will sustain the dismissal on appeal only where “it appears beyond doubt that the plaintiff can prove no set of facts in support of [the plaintiff’s] claim which would entitle [the…
2Cases cited17 opinions
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Sarah B. Shields, Individually and as Representative of All Others Similarly Situated v. Citytrust Bancorp, Inc., George F. Taylor and Irwin EngelmanCourt of Appeals for the Second Circuit · 1994
- Nader v. CitronMassachusetts Supreme Judicial Court · 1977
- Kurker v. HellMassachusetts Appeals Court · 1998
- Bell v. MazzaMassachusetts Supreme Judicial Court · 1985
12 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Targus Group International, Inc. v. ShermanMassachusetts Appeals Court · 2010
- Christensen v. Kingston School CommitteeDistrict Court, D. Massachusetts · 2005
- Winchester Gables, Inc. v. Host Marriott Corp.Massachusetts Appeals Court · 2007
- Sonoran Scanners, Inc. v. Perkinelmer, Inc.Court of Appeals for the First Circuit · 2009
- Edlow v. RBW, LLCCourt of Appeals for the First Circuit · 2012
44 more not listed; retrieve them via the Exa API.