Cox v. Civil Service Commission

This petition for a writ of mandamus was properly dismissed. While the demurrer of the Civil Service Commission (commission) was acted upon after July 1, 1974, and was therefore treated as a motion to dismiss for failure to state a claim upon which relief can be granted (Mass. R.Civ.P. 1A, subpar. 3, 365 Mass. 731 [1974]), the petition cannot pass muster even under the more liberal standards by which pleadings are to be tested when dismissal is sought under Mass. R.Civ.P. 12(b) (6), 365 Mass. 755 (1974). See Charbonnier v. Amico, 367 Mass. 146, 152-153 (1975). The plaintiff is not entitled to…