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LIPTON PROF. SOCCER v. BAY STATE HARNESS HORSE

8 Mass. App. Ct. 458 (1979)

395 N.E.2d 470

LIPTON PROFESSIONAL SOCCER, INC. & another vs. BAY STATE HARNESS HORSE RACING AND BREEDING ASSOCIATION, INC. & others.

Appeals Court of Massachusetts, Suffolk.

October 18, 1979.

Attorney(s) appearing for the Case

Reginald H. Howe for Lipton Professional Soccer, Inc.

Robert L. Caporale for Stadium Realty Trust.

Earle C. Cooley (James C. Burling with him) for Foxboro Associates & others.

Richard A. Gelerman for the town of Foxborough, submitted a brief.

Present: HALE, C.J., GOODMAN, & KASS, JJ.

HALE, C.J.

The complaint, which tests the force of lease provisions under which play dates at Schaefer Stadium may be restricted, was brought by Lipton Professional Soccer, Inc. (Lipton), and by Stadium Realty Trust (Stadium), a Massachusetts business trust (G.L.c. 182). The defendants are Bay State Harness Horse Racing and Breeding Association, Inc. (Bay State); Foxboro Associates (Foxboro), a limited partnership, of which the defendant EJK, Inc., is a corporate...

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