GRIEFEN v. TREASURER & RECEIVER GENERAL


390 Mass. 674 (1983)

459 N.E.2d 451

R. JOHN GRIEFEN & others, trustees, vs. TREASURER AND RECEIVER GENERAL & another.

Supreme Judicial Court of Massachusetts, Middlesex.

December 29, 1983.


Attorney(s) appearing for the Case

Francis X. Bellotti, Attorney General, & Elizabeth Bowen Donovan, Assistant Attorney General, for the defendants.

J. Owen Todd & Jonathan M. Winer for the plaintiffs.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


NOLAN, J.

The Commonwealth appeals from a judgment of the Superior Court directing the Treasurer and Receiver General of the Commonwealth (Treasurer) to pay interest accrued upon an eminent domain judgment, together with costs and attorneys' fees. We reverse so much of the judgment which directs the issuance of an order of mandamus to the Treasurer to satisfy the judgment for interest, as mandamus is not an appropriate remedy in this case. However, we affirm that...

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