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

367 Mass. 57 (1975)

323 N.E.2d 870

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

Supreme Judicial Court of Massachusetts, Suffolk.

February 24, 1975.

Attorney(s) appearing for the Case

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

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

Present: TAURO, C.J., REARDON, QUIRICO, HENNESSEY, & KAPLAN, JJ.

QUIRICO, J.

This case arose out of an arbitration award confirmed by the Superior Court, which confirmation was upheld by this court in Trustees of the Boston & Maine Corp. v. Massachusetts Bay Transp. Authy. 363 Mass. 386 (1973). The parties are herein referred to as the B & M and the MBTA. As explained at some length in our prior opinion, this award, in essence, established the value of a railroad right of...

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