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SPENCE v. BOSTON EDISON CO.

390 Mass. 604 (1983)

459 N.E.2d 80

LEWIS H. SPENCE, receiver, & others vs. BOSTON EDISON COMPANY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 15, 1983.

Attorney(s) appearing for the Case

Richard M. Bluestein for Lewis H. Spence, receiver.

Robert S. Cummings (John J. Desmond, III, with him) for Boston Edison Company.

Thomas A. Barnico, Assistant Attorney General, for Department of Public Utilities.

Marsha Weinerman & Leslie S. Newman, for the interveners, submitted a brief.

Present: WILKINS, ABRAMS, LYNCH, & O'CONNOR, JJ.

LYNCH, J.

This case was brought by Lewis H. Spence, receiver, on behalf of the Boston Housing Authority (BHA), against Boston Edison Company (Edison) and the Department of Public Utilities (DPU).3 The BHA challenged the validity of Multiple Housing Rate K (Rate K), the rate promulgated by the DPU under which Edison charges the BHA for electricity, on the grounds that it was unconstitutionally discriminatory and in violation of G.L.c. 93A...

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