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BROWNING-FERRIS INDUSTRIES, INC. v. CASELLA WASTE MANAGEMENT OF MASSACHUSETTS, INC.

No. 09-P-156.

79 Mass. App. Ct. 300 (2011)

BROWNING-FERRIS INDUSTRIES, INC. v. CASELLA WASTE MANAGEMENT OF MASSACHUSETTS, INC.

Appeals Court of Massachusetts, Suffolk.

April 19, 2011.

Attorney(s) appearing for the Case

Robert S. Sanoff for the plaintiff.

Edward C. Cooley for the defendant.

Present: BERRY, BROWN, & SIKORA, JJ.

SIKORA, J.

This appeal presents an issue of contract interpretation. What standards permit a court to furnish a term missing from an agreement by reason of the parties' mutual mistake or negotiating oversight? The two contracting parties, Browning-Ferris Industries, Inc. (BFI), and Casella Waste Management of Massachusetts, Inc. (Casella), engage in the collection, transport, and disposal of solid waste material...

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