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COMMONWEALTH v. BOSTON EDISON COMPANY

444 Mass. 324 (2005)

COMMONWEALTH & others v. BOSTON EDISON COMPANY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 25, 2005.

Attorney(s) appearing for the Case

Matthew Brock, Assistant Attorney General, for the Commonwealth.

George E. Olson for Massachusetts Convention Center Authority.

Roy P. Giarrusso (Joseph L. Harrington, III, & Curtis A. Connors with him) for Boston Edison Company.

Jack K. Merrill for Sak Recycling Corporation.

Leonard H. Freiman, for Boston Redevelopment Authority, was present but did not argue.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

COWIN, J.

The plaintiffs in this case, the Commonwealth, the Boston Redevelopment Authority (BRA), and the Massachusetts Convention Center Authority (MCCA), seek to recover costs allegedly incurred as part of a cleanup they undertook of a hazardous waste site (site) that had previously been owned by the defendants Sak Recycling Corporation, Walter Fiore and Fiore Construction Company (collectively, the Sak defendants). Defendant Boston Edison Company (Boston Edison...

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