KAPLAN, J.
The plaintiffs appeal from a judgment of the Superior Court dismissing their amended complaint for failure to state a claim on which relief can be granted. Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974). Under the same rule their original complaint had been previously dismissed, but with leave to amend. The action was commenced in April, 1974.
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