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DaROSA v. CITY OF NEW BEDFORD; MONSANTO COMPANY

SJC-11759.

471 Mass. 446 (2015)

30 N.E.3d 790

JOHN DaROSA & others v. CITY OF NEW BEDFORD; MONSANTO COMPANY & others, third-party defendants.

Supreme Judicial Court of Massachusetts, Bristol.

May 15, 2015.

Attorney(s) appearing for the Case

Shephard S. Johnson, Jr. , for city of New Bedford.

Mary K. Ryan ( Cynthia M. Guizzetti with her) for AVX Corporation.

John J. Gushue , for ABC Disposal Service, Inc., was present but did not argue.

Mark P. Dolan & Stanley F. Pupecki , for Tutor Perini Corporation, submitted a brief.

Michael R. Perry & Aaron D. Rosenberg , for NSTAR Electric Company & another, submitted a brief.

John J. Davis & John M. Wilusz , for Massachusetts Municipal Association, amicus curiae, submitted a brief.

Martha Coakley , Attorney General, & Judy Zeprun Kalman , for the Commonwealth, amicus curiae, submitted a brief.

Brandon H. Moss , for Massachusetts Municipal Lawyers Association, Inc., amicus curiae, joined in a brief.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, LENK, & HINES, JJ.

In General Elec. Co. v. Department of Envtl. Protection, 429 Mass. 798, 801 (1999) (General Electric), we held that "materials privileged as work product ... are not protected from disclosure under the public records statute unless those materials fall within the scope of an express...

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