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GREEN v. COMMONWEALTH

13 Mass. App. Ct. 524 (1982)

435 N.E.2d 362

LORI B. GREEN & another vs. COMMONWEALTH.

Appeals Court of Massachusetts, Suffolk.

May 14, 1982.

Attorney(s) appearing for the Case

Christopher H. Worthington, Assistant Attorney General, for the Commonwealth.

John L. Murphy, Jr. (John L. Murphy, III, with him) for the plaintiffs.

Present: HALE, C.J., ROSE, ARMSTRONG, BROWN, GREANEY, KASS, & SMITH, JJ.

ARMSTRONG, J.

This appeal by the Commonwealth raises the question whether the general immunity from tort liability which the Commonwealth enjoyed prior to the effective date of St. 1978, c. 512 (the Massachusetts Tort Claims Act), was subject to an exception for tortious acts arising from activities of a proprietary rather than governmental nature. Because two recent cases decided by different panels of this court, Kerlinsky v. Commonwealth, 7 Mass.App...

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