Massachusetts Electric Co. v. Athol One, Inc.

Massachusetts Electric Company (company) appealed from the judgment of a Superior Court judge dismissing the company’s complaint against the Commissioner of Public Welfare (Commissioner). We transferred the case to this court on our own motion. We conclude that the Superior Court judge properly dismissed the company’s complaint for failing to state a claim on which relief could be granted. Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974). We affirm the judgment.

In an appeal from a dismissal of an action pursuant to rule 12 (b) (6), “we assume as true the facts alleged” by the complaint. See…