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TRUSTEES OF STIGMATINE FATHERS v. SEC. OF ADM'N & FIN.

369 Mass. 562 (1976)

341 N.E.2d 662

THE TRUSTEES OF THE STIGMATINE FATHERS, INC. vs. SECRETARY OF ADMINISTRATION AND FINANCE & others.

Supreme Judicial Court of Massachusetts, Middlesex.

January 14, 1976.

Attorney(s) appearing for the Case

Edward J. Barshak, Special Assistant Attorney General (Peter L. Puciloski with him) for the defendant.

Kenneth H. Zimble (Joel Z. Eigerman with him) for the plaintiff.

Present: REARDON, BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.

BRAUCHER, J.

In 1971 the Board of Trustees of State Colleges (Board) agreed to purchase the plaintiff's land and buildings for $4,200,000. The Secretary of Administration and Finance (Secretary) refused to make funds available for the purchase, and we affirm a judgment declaring that the contract is valid and that neither the Governor nor the Secretary is authorized to decline, as matter of discretion, to allot the necessary funds. We hold: (1) No abuse of discretion...

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