Luyen Huu Nguyen v. University of Massachusetts

This is an appeal from the allowance of the motion of the William Joiner Center for the Study of War and Social Consequences (Center), an academic center of the University of *277Massachusetts (University), to dismiss the plaintiff’s second amended complaint (complaint) alleging age and national origin discrimination by the Center.2,3 The motion was based both on Mass.R.Civ.P. 12(b)(1) and 12(b)(6), 365 Mass. 754 (1974). We affirm the dismissal primarily on the ground that the plaintiff, although casting his claims in terms of discrimination on the basis of national origin and age, alleges…