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UNITED STATES TRUST CO. v. COMMONWEALTH

350 Mass. 394 (1966)

215 N.E.2d 107

UNITED STATES TRUST COMPANY vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

March 9, 1966.

Attorney(s) appearing for the Case

Burton Peltz, Assistant Attorney General, for the Commonwealth.

Lawrence A. Sullivan for the petitioner.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, SPIEGEL, & REARDON, JJ.

WHITTEMORE, J.

This is a report by a judge of the Superior Court as to the correctness of his order for immediate entry of judgment under G.L.c. 231, § 59, subject to an assessment of damages, on the petitioner's affidavits of no genuine issue of material fact and the Commonwealth's counteraffidavits. The petition under G.L.c. 258 asks damages for the failure of the Commonwealth to restore premises in the petitioner's building on Court Street in Boston on the...

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