THERMO ELECTRON CORPORATION v. WASTE MANAGEMENT HOLDINGS, INC.

No. 03-P-1017.

63 Mass. App. Ct. 195 (2005)

THERMO ELECTRON CORPORATION v. WASTE MANAGEMENT HOLDINGS, INC.

Appeals Court of Massachusetts, Middlesex.

March 25, 2005.


Attorney(s) appearing for the Case

James F. Kavanaugh, Jr. (Kurt B. Fliegauf with him) for the defendant.

Samuel M. Starr (David Hadas with him) for the plaintiff.

Present: Grasso, Cowin, & Mills, JJ.


COWIN, J.

The defendant, Waste Management Holdings, Inc. (WMH), appeals from a summary judgment entered by a judge of the Superior Court in favor of the plaintiff, Thermo Electron Corporation (Thermo), in its action to enforce WMH's guarantee. The underlying facts are not disputed. On December 22, 1994, Thermo and Rust International Corporation (Rust), a majority owned subsidiary of WMH (then known as WMX Technologies, Inc.), entered into an Engineering, Procurement...

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