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BRISTOL ASPHALT, CO., INC. v. ROCHESTER BITUMINOUS PRODUCTS, INC.

SJC-13460.

493 Mass. 539 (2024)

BRISTOL ASPHALT, CO., INC., & another v. ROCHESTER BITUMINOUS PRODUCTS, INC., & others.

Supreme Judicial Court of Massachusetts, Plymouth.

February 29, 2024.

Attorney(s) appearing for the Case

Michael S. Rabieh for the defendants.

Brian M. Hurley ( Lauren C. Galvin also present) for the plaintiffs.

Robert C. Ross, for NAIOP Massachusetts, amicus curiae, submitted a brief.

Jeffrey J. Pyle, for New England First Amendment Coalition, amicus curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Kafker, Wendlandt, & Georges, JJ.

In this case, along with another opinion issued today, Columbia Plaza Assocs. v. Northeastern Univ., 493 Mass. 570 (2023), we revisit the analytic framework of a statute that has played an increasingly prominent, and complex, role in civil litigation over the last thirty years. General Laws c. 231, § 59H, more commonly known as the...

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