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MASSACHUSETTS SPORTSERVICE, INC. v. BERKSHIRE DOWNS

360 Mass. 75 (1971)

271 N.E.2d 626

MASSACHUSETTS SPORTSERVICE, INC. vs. BERKSHIRE DOWNS, INC. & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 30, 1971.

Attorney(s) appearing for the Case

Thomas D. Burns for the plaintiff.

Joel A. Kozol (Harvey E. Pies & Richard M. Zinner with him) for Berkshire Downs, Inc. & another.

Harrison A. Fitch (Roger P. Stokey with him) for ABC Consolidated Corporation.

Present: TAURO, C.J., CUTTER, SPIEGEL, REARDON, & QUIRICO, JJ.

BY THE COURT.

On January 17, 1964, Berkshire Downs, Inc. (Berkshire), operated a horse racing track in Hancock. For a consideration paid to it by the plaintiff, it agreed in writing that (a) the plaintiff was to have the exclusive right to perform the concession services (sale of food, beverages and other articles, and parking of automobiles) at the track for a long term of years, and (b) that Berkshire would conduct race meets at the track throughout the term of...

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