LOWELL GAS CO. v. ATTORNEY GENERAL


377 Mass. 37 (1979)

385 N.E.2d 240

LOWELL GAS COMPANY & another vs. ATTORNEY GENERAL.

Supreme Judicial Court of Massachusetts, Suffolk.

January 8, 1979.


Attorney(s) appearing for the Case

Reginald H. Howe (George I. Mulhern, Jr., with him) for the Lowell Gas Company & another.

Paula W. Gold, Assistant Attorney General (James C. McManus & Catharine W. Hantzis, Assistant Attorneys General with her) for the Attorney General.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, LIACOS, & ABRAMS, JJ.


LIACOS, J.

The Attorney General brought complaints against Lowell Gas Company and Cape Cod Gas Company (companies), pursuant to G.L.c. 93A, § 4, G.L.c. 12, § 10, G.L.c. 164, § 78, and G.L.c. 231A. The amended complaints allege that the companies, by allocating short-term debt interest expense to the inventory cost of gas charged to consumers, have committed unfair and deceptive practices under G.L.c. 93A, (count 1) and common law fraud (count 2). The...

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