Beechin v. United States Mineral Products Co.

This matter comes before this Court pursuant to the defendants’ motion to dismiss under to Mass.R.Civ.P. 12(b)(6) and 12(b)(9) and G.L.c. 152, §15. The defendants claim that the plaintiffs’ action should be dismissed because it is preempted by a related action filed by the Commonwealth of Massachusetts. Since matters outside the pleadings were presented by both parties the motion will be treated as a motion for summary judgment pursuant to Mass.R.Civ.P. 56(b). See Mass.R.Civ.P. 12(b). For the following reasons the defendants’ motion is GRANTED.

BACKGROUND

On April 14, 1994, the plaintiffs filed…