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MASSACHUSETTS HIGHWAY DEPARTMENT v. SMITH

No. 99-P-0001.

51 Mass. App. Ct. 614 (2001)

MASSACHUSETTS HIGHWAY DEPARTMENT v. HALLAM J. SMITH & another, trustees.

Court of Appeals of Massachusetts, Suffolk.

May 21, 2001.

Attorney(s) appearing for the Case

James A. Sweeney, Assistant Attorney General, for the plaintiff.

Alan R. Hoffman for the defendants.

Present: PORADA, LAURENCE, & LENK, JJ.

PORADA, J.

In conjunction with a taking by the Massachusetts Highway Department (MHD) of property belonging to the defendant (trust) for the construction of the Central Artery/ Tunnel project in East Boston, the parties entered into an agreement containing an indemnification clause. Under the agreement, the trust3 was to indemnify MHD for all costs and liability "arising by reason of...

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