ABRAMS, J.
The Massachusetts Bay Transportation Authority (MBTA) appeals from a decision by the Superior Court allowing the Auditor of the Commonwealth's (Auditor's) motion for judgment on the pleadings. See Mass. R. Civ. P. 56 (b) (1), 365 Mass. 824 (1974). On appeal, the MBTA argues that the Auditor's objections to a proposed contract between the MBTA
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