BOSTON EDISON CO. v. BROOKLINE REALTY & INV.


10 Mass. App. Ct. 63 (1980)

405 N.E.2d 995

BOSTON EDISON COMPANY vs. BROOKLINE REALTY & INVESTMENT CORP.

Appeals Court of Massachusetts, Suffolk.

June 20, 1980.


Attorney(s) appearing for the Case

James L. Rudolph for the plaintiff.

Michael Eby for the defendant.

Present: ARMSTRONG, DREBEN, & KASS, JJ.


KASS, J.

While the Superior Court judge correctly decided that the related administrative law doctrines of primary jurisdiction and exhaustion of administrative remedies required that a dispute over electric power charges be adjudicated first by the Department of Public Utilities of the Commonwealth (D.P.U.), the fact of the plaintiff's attachment of property of the defendant required that the judicial proceedings...

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