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GROBET FILE CO. OF AMERICA v. RTC SYSTEMS

No. 87-918.

26 Mass. App. Ct. 132 (1988)

524 N.E.2d 404

GROBET FILE COMPANY OF AMERICA, INC. vs. RTC SYSTEMS, INC.

Appeals Court of Massachusetts, Suffolk.

June 23, 1988.

Attorney(s) appearing for the Case

Thomas I. Elkind (Brian G. Leary with him) for the defendant.

Edward R. Schwartz (M. Lawrence Oliverio with him) for the plaintiff.

Present: BROWN, CUTTER, & KASS, JJ.

KASS, J.

RTC Systems, Inc., protests that an arbitrator's award assessed damages against it which were expressly precluded by the terms of the governing contract. Consequently, RTC urges, the award was in excess of the arbitrator's authority and was erroneously confirmed by a Superior Court judge. See G.L.c. 251, §§ 11 and 12. We conclude that the contract language is susceptible to the interpretation placed upon it by the arbitrator and affirm the judgment...

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