GRIFFITH v. NEW ENGLAND TELEPHONE & TELEGRAPH CO.


414 Mass. 824 (1993)

610 N.E.2d 944

JOHN GRIFFITH & another, trustees, vs. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY.

Supreme Judicial Court of Massachusetts, Middlesex.

April 13, 1993.


Attorney(s) appearing for the Case

Pamela A. Smith for the defendant.

Robert F. Sylvia for the plaintiffs.

David B. Broughel & Christopher E. Mullady, for Charter International Oil Company, amicus curiae, submitted a brief.

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


LYNCH, J.

The plaintiffs brought an action under G.L.c. 21E (1990 ed.), the Massachusetts Oil and Hazardous Material Release Prevention Act, against New England Telephone and Telegraph Company (NET) to recover expenses incurred for the containment and removal of oil and gasoline from a site leased by NET between 1958 and 1984. A judge in the Superior Court held that NET was the "operator of ... a site from or at which there is or has been a release ... of oil or hazardous...

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