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SHELIST v. BOSTON REDEVELOPMENT AUTHORITY

350 Mass. 530 (1966)

215 N.E.2d 748

SALLY SHELIST, administratrix, vs. BOSTON REDEVELOPMENT AUTHORITY.

Supreme Judicial Court of Massachusetts, Suffolk.

April 5, 1966.

Attorney(s) appearing for the Case

Donald R. Grant (Thomas G. Dignan, Jr., with him) for the petitioner.

James L. Terry (Daniel O. Mahoney with him) for the respondent.

Edward W. Brooke, Attorney General, John E. Sullivan, Assistant Attorney General, & John F. St. Cyr, Legal Assistant to the Attorney General, for the Commonwealth, amicus curiae, submitted a brief.

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

SPIEGEL, J.

This is a petition for assessment of damages arising out of a taking of real estate under G.L.c. 79. On or about January 8, 1962, the respondent made a pro tanto payment consisting in part of $325,000 for damages and $2,636.11 for interest computed at the rate of four per cent per annum from October 25, 1961, the date of the taking, through January 8, 1962. The payment was "accepted pro tanto except interest...

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