KELTON CORPORATION v. COUNTY OF WORCESTER


426 Mass. 355 (1997)

KELTON CORPORATION v. COUNTY OF WORCESTER.

Supreme Judicial Court of Massachusetts, Middlesex.

December 30, 1997.


Attorney(s) appearing for the Case

John O. Mirick for the defendant.

Michael T. Gass for the plaintiff.

Present: ABRAMS, LYNCH, GREANEY, MARSHALL, & IRELAND, JJ.


IRELAND, J.

The defendant county of Worcester (county), appeals from the Superior Court's denial of its motion to limit the levy of an execution issued to the plaintiff, Kelton Corporation, doing business as Braintree Hospital (Kelton), by the Superior Court following entry of an agreement for judgment against the county and in favor of Kelton. On appeal, the county claims that it is not obligated to pay the judgment if funds are not available in an "enterprise account...

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