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BOSTON GAS CO. v. BOSTON

13 Mass. App. Ct. 408 (1982)

433 N.E.2d 483

BOSTON GAS COMPANY vs. CITY OF BOSTON.

Appeals Court of Massachusetts, Suffolk.

April 6, 1982.

Attorney(s) appearing for the Case

Gerald McTernan, Assistant Corporation Counsel, for the defendant.

Paul B. Galvani (H. Reed Witherby with him) for the plaintiff.

Present: HALE, C.J., ROSE, & GREANEY, JJ.

HALE, C.J.

In this action brought in the Superior Court, the plaintiff seeks to recover nearly a half-million dollars for natural gas supplied to the Charles Street jail (jail) from 1969 through 1977 but never charged to the defendant as a result of a billing error repeatedly committed by the plaintiff over a seven-year period. Period to trial the plaintiff moved for summary judgment (see Mass.R.Civ.P. 56, 365 Mass. 824 [1974]) based on the pleadings, discovery materials...

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