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TRUSTEES OF BOSTON & MAINE v. MASS. BAY TRANSP. AUTHY.

363 Mass. 386 (1973)

294 N.E.2d 340

TRUSTEES OF THE BOSTON AND MAINE CORPORATION, debtor vs. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 29, 1973.

Attorney(s) appearing for the Case

Joseph H. Elcock, Jr. (Ronald G. Busconi with him) for Massachusetts Bay Transportation Authority.

Edward I. Masterman (Andrew C. Culbert with him) for the Trustees of the Boston and Maine Corporation.

Present: TAURO, C.J., QUIRICO, BRAUCHER, HENNESSEY, & WILKINS, JJ.

WILKINS, J.

In 1964 the Boston and Maine Corporation (B & M) and the Massachusetts Bay Transportation Authority (MBTA), established pursuant to G.L.c. 161A, entered into an agreement (Agreement) concerning the continuation of passenger service on and over B & M lines within the territory of the MBTA. In that agreement the B & M granted an option to the MBTA, subject to certain conditions, to lease or purchase...

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