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PHIPPS PRODUCTS CORP. v. MASS. BAY TRANSP. AUTH.

387 Mass. 687 (1982)

443 N.E.2d 115

PHIPPS PRODUCTS CORP. vs. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

Supreme Judicial Court of Massachusetts, Suffolk.

December 7, 1982.

Attorney(s) appearing for the Case

Albert E. Good for the defendant.

Gerald Gillerman (Steven M. Sayers with him) for the plaintiff.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, & NOLAN, JJ.

WILKINS, J.

The defendant Massachusetts Bay Transportation Authority (MBTA) declined to carry out its expressed obligation to sell premises at 500 Arborway in Boston to the plaintiff Phipps Products Corp. (Phipps). That obligation was set forth in a purchase and sale agreement, dated May 18, 1978, between the MBTA and Phipps. The MBTA refused to transfer the property on the ground that it had not complied with the bidding requirements of G.L.c. 161A, § 5 (

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