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CHANNEL FISH CO., INC. v. BOSTON FISH MARKET CORP.

359 Mass. 185 (1971)

268 N.E.2d 683

CHANNEL FISH CO., INC. & others vs. BOSTON FISH MARKET CORPORATION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 5, 1971.

Attorney(s) appearing for the Case

Charlotte Perretta for the petitioners.

Robert W. Harrington for Boston Fish Market Corporation.

George W. Stuart for Massachusetts Port Authority.

Present: TAURO, C.J., SPALDING, SPIEGEL, REARDON, & BRAUCHER, JJ.

SPALDING, J.

This is a petition for a writ of mandamus. We summarize the averments of the petition as follows: The Massachusetts Port Authority (Authority) has title to the Boston Fish Pier and is required by statute to maintain it. By a 1910 lease the Boston Fish Market Corporation (Corporation) as lessee agreed to keep the Boston Fish Pier (Pier) in the same condition as it was in 1910, excluding "reasonable use and wear...

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