PRESIDENT AND FELLOWS OF HARVARD COLLEGE v. PECO ENERGY COMPANY

No. 01-P-786.

57 Mass. App. Ct. 888 (2003)

PRESIDENT AND FELLOWS OF HARVARD COLLEGE & others v. PECO ENERGY COMPANY & others.

Court of Appeals of Massachusetts, Suffolk.

April 30, 2003.


Attorney(s) appearing for the Case

Kenneth W. Salinger for the plaintiffs.

Kenneth L. Kimmell for the interveners.

Marilyn D. Stempler (Gregory T. Arnold with her) for the defendants.

Present: GELINAS, COWIN, & KAFKER, JJ.


COWIN, J.

The plaintiffs, parties to contracts with the defendants (collectively, PECO) that obligated the plaintiffs to purchase, and PECO to sell, electricity, sought declaratory relief in the Superior Court. The dispute arose out of PECO's insistence that the plaintiffs were entitled under the agreement to select either a five-year contractual term or a two-year contractual term, but not both. The plaintiffs assert...

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