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KINGSTOWN CORPORATION v. BLACK CAT CRANBERRY CORP.

No. 04-P-331.

65 Mass. App. Ct. 154 (2005)

KINGSTOWN CORPORATION v. BLACK CAT CRANBERRY CORP.

Appeals Court of Massachusetts, Plymouth.

November 23, 2005.

Attorney(s) appearing for the Case

Edward C. Cooley for the plaintiff.

Philip H. Graeter (Ian Crawford with him) for the defendant.

Present: Perretta, Smith, & Trainor, JJ.

PERRETTA, J.

This appeal raises the question whether the contract (agreement) between the Kingstown Corporation (Kingstown) and Black Cat Cranberry Corp. (Black Cat) concerning Kingstown's excavation, purchase, and removal of earth materials from land owned by Black Cat requires disputes to be resolved through mandatory arbitration or provides the party seeking enforcement of the agreement with a right of election between arbitration and litigation. A Superior Court...

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