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MASS. BAY TRANSP. AUTH. ADVISORY v. MASS. BAY TRANSP.

382 Mass. 569 (1981)

417 N.E.2d 7

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY ADVISORY BOARD & others vs. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 12, 1981.

Attorney(s) appearing for the Case

Stephen S. Ostrach, Assistant Attorney General (Donald K. Stern & William L. Pardee, Assistant Attorneys General, with him) for the Governor & another.

Joseph H. Elcock (Ronald G. Busconi with him) for the Massachusetts Bay Transportation Authority & others.

Herbert P. Gleason (Thomas H. Martin & John F. Maher with him) for the Massachusetts Bay Transportation Authority Advisory Board.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, WILKINS, & LIACOS, JJ.

BRAUCHER, J.

On November 18, 1980, the Governor of the Commonwealth issued Executive Order 189, proclaiming the existence of an emergency, taking possession of the lines and facilities of the Massachusetts Bay Transportation Authority (MBTA), and authorizing the Board of Directors of the MBTA to operate those lines and facilities. The present case was argued before the full court on November 22, 1980, and on November 28, 1980, we ordered the entry of a partial summary...

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