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COMMONWEALTH v. SPRINGFIELD TERMINAL RAILWAY COMPANY

No. 09-P-824.

77 Mass. App. Ct. 225 (2010)

COMMONWEALTH v. SPRINGFIELD TERMINAL RAILWAY COMPANY (and seven companion cases).

Appeals Court of Massachusetts, Suffolk.

July 8, 2010.

Attorney(s) appearing for the Case

Dennis J. Kelly (Paul R. Mastrocola with him) for the defendants.

James J. Arguin, Assistant Attorney General, for the Commonwealth.

Present: COHEN, SMITH, & GRAINGER, JJ.

SMITH, J.

The defendants are four corporations that operate railways in Massachusetts and other States. Each defendant was charged with two counts of violating the reporting procedure mandated by the Massachusetts Oil and Hazardous Material Release Prevention Act, G. L. c. 21E, § 7,2 and prosecuted in accordance with G. L. c. 21E, § 11.3 The charges arose out of the defendants' failure to notify the...

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