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MARENGHI v. MOBIL OIL CORP.

420 Mass. 371 (1995)

FRANZ MARENGHI & another vs. MOBIL OIL CORPORATION.

Supreme Judicial Court of Massachusetts, Middlesex.

May 16, 1995.

Attorney(s) appearing for the Case

Michael P. Murphy for the plaintiffs.

Robert M. Gault for the defendant.

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 Marenghi v. Mobil Oil Corp., 416 Mass. 643 (1993). There a judge in the Superior Court had awarded summary judgment in favor of the defendant, holding that "[i]n the absence of a specific duty...

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