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BAY COLONY RAILROAD CORPORATION v. TOWN OF YARMOUTH

SJC-11608

470 Mass. 515 (2015)

BAY COLONY RAILROAD CORPORATION v. TOWN OF YARMOUTH & another.

Supreme Judicial Court of Massachusetts, Norfolk.

January 29, 2015.

Attorney(s) appearing for the Case

Joseph L. Tehan, Jr. ( Jackie Cowin with him) for town of Yarmouth.

Joel G. Beckman ( Dana A. Zakarian with him) for the plaintiff.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, LENK, & HINES, JJ.

On June 30, 1989, the town of Yarmouth (town) entered into a transportation contract (contract) with the Bay Colony Railroad Corporation (Bay Colony) whereby Bay Colony was to transport solid waste from the town's waste transfer station to a waste-to-energy facility in Rochester (facility) operated by the SEMASS Partnership (SEMASS)...

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