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BANK v. THERMO ELEMENTAL INC.

SJC-09874

451 Mass. 638 (2008)

MICHAEL D. BANK & others, trustees, v. THERMO ELEMENTAL INC., & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 16, 2008.

Attorney(s) appearing for the Case

C. Dylan Sanders & Lisa C. Goodheart for the plaintiffs.

Jonathan Sablone (Marcus E. Cohn & J. Christopher Allen, Jr., with him) for the defendants.

The following submitted briefs for amici curiae:

Martha Coakley, Attorney General, & Seth Schofield, Assistant Attorney General, for the Commonwealth.

Stephen D. Anderson, Arthur P. Kreiger, & Douglas H. Wilkins for Real Estate Bar Association for Massachusetts & another.

Michelle N. O'Brien for LSP Association, Inc.

Present: GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

BOTSFORD, J.

After trichloroethylene (TCE)4 was found in the groundwater beneath their property in Waltham, the plaintiff trustees of the Lincoln Street Trust (trustees; trust; the words are used interchangeably) undertook a response action pursuant to the Massachusetts Oil and Hazardous Material Release Prevention Act, G. L. c. 21E, eventually spending more than $800,000 in the effort. At issue in this case is the trustees' endeavor to...

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