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COMMONWEALTH v. MASSACHUSETTS TURNPIKE AUTHORITY

352 Mass. 143 (1967)

224 N.E.2d 186

COMMONWEALTH vs. MASSACHUSETTS TURNPIKE AUTHORITY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 3, 1967.

Attorney(s) appearing for the Case

John L. Murphy, Jr. (Arthur A. Karp with him) for the Massachusetts Turnpike Authority.

Charles Ingram, Special Assistant Attorney General (Nicholas G. Curuby with him), for the Commonwealth.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.

CUTTER, J.

The Commonwealth seeks under G.L.c. 79 the assessment of damages caused by the Authority's eminent domain taking of premises formerly occupied by the Irvington Street armory in Boston. In Commonwealth v. Massachusetts Turnpike Authy. 349 Mass. 1, decided April 6, 1965, we held that the Authority was bound to pay damages to the Commonwealth for taking the locus, thus placing the burden of its acquisition...

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