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EAST COAST AVIATION CORP. v. MASSACHUSETTS PORT AUTH.

346 Mass. 699 (1964)

195 N.E.2d 545

EAST COAST AVIATION CORPORATION vs. MASSACHUSETTS PORT AUTHORITY & another (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

January 14, 1964.

Attorney(s) appearing for the Case

John J. Grigalus, Assistant Attorney General, for the Commonwealth.

Eugene F. Sullivan for the Massachusetts Port Authority.

John M. Hall (Mark A. Michelson with him) for the East Coast Aviation Corporation.

Present: SPALDING, WHITTEMORE, CUTTER, KIRK, & REARDON, JJ.

CUTTER, J.

These two cases are (1) a bill for declaratory relief, concerning the so called "bond interest" clauses of an amended lease, brought by East Coast Aviation Corporation (East Coast) against Massachusetts Port Authority and the Commonwealth, and (2) a petition by East Coast, under G.L.c. 258, to recover from the Commonwealth certain tentative payments alleged to have been in excess of East Coast's legal obligation. The trial judge made findings.

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