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COMMERCE & INDUSTRY INSURANCE COMPANY v. BAYER CORPORATION

433 Mass. 388 (2001)

COMMERCE & INDUSTRY INSURANCE COMPANY & others v. BAYER CORPORATION.

Supreme Judicial Court of Massachusetts, Essex.

February 21, 2001.

Attorney(s) appearing for the Case

Brian A. Davis (Laurence D. Pierce with him) for the defendant.

Thomas J. Sartory (Julie A. Frohlich & Arthur E. Maravelis with him) for the plaintiffs.

Present: GREANEY, IRELAND, SPINA, COWIN, & SOSMAN, JJ.

GREANEY, J.

We granted the application for direct appellate review of the defendant, Bayer Corporation (Bayer), to determine the enforceability of an arbitration provision appearing in the plaintiff's, Malden Mills Industries, Inc. (Malden Mills), orders purchasing materials from Bayer. In a written decision, a judge in the Superior Court concluded that the provision was not enforceable. An order entered denying Bayer's...

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