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GRIFFITH v. NEW ENGLAND TELEPHONE & TELEGRAPH CO.

420 Mass. 365 (1995)

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

Supreme Judicial Court of Massachusetts, Middlesex.

May 16, 1995.

Attorney(s) appearing for the Case

Pamela A. Smith for the defendant.

Robert F. Sylvia (Susan Raitt with him) for the plaintiffs.

Present: LIACOS, C.J., Wilkins, Abrams, Lynch, & Greaney, JJ.

LYNCH, J.

The plaintiffs' action under G.L.c. 21E (1992 ed.), the Massachusetts Oil and Hazardous Material Release Prevention Act, against the defendant was previously before us. See Griffith v. New England Tel. & Tel. Co., 414 Mass. 824, 825-827 (1993) (Griffith I). There a judge in the Superior Court had held that the defendant was the "operator of ... a site...

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