MASSACHUSETTS BAY TRANSPORTATION AUTHORITY v. AUDITOR OF THE COMMONWEALTH


430 Mass. 783 (2000)

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY v. AUDITOR OF THE COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

February 16, 2000.


Attorney(s) appearing for the Case

H. Reed Witherby for the plaintiff.

Judith S. Yogman, Assistant Attorney General, for the Auditor of the Commonwealth.

Present: MARSHALL, C.J., ABRAMS, LYNCH, GREANEY, IRELAND, SPINA. & COWIN, JJ.


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 and a private corporation, Outdoor Systems, Inc. (Outdoor Systems),...

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