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NORTHEAST ENERGY PARTNERS, LLC v. MAHAR REGIONAL SCHOOL DISTRICT; CONSTELLATION NEWENERGY, INC.

No. SJC-11024.

462 Mass. 687 (2012)

NORTHEAST ENERGY PARTNERS, LLC v. MAHAR REGIONAL SCHOOL DISTRICT; CONSTELLATION NEWENERGY, INC., third-party defendant.

Supreme Judicial Court of Massachusetts, Suffolk.

July 9, 2012.

Attorney(s) appearing for the Case

Kelly T. Gonzalez for the defendant.

Scott A. Birnbaum (Anne Marie Longobucco with him) for the plaintiff.

Gordon P. Katz & Jessica Ragosta Early, for Amesbury Housing Authority & others, amici curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

DUFFLY, J.

The Ralph Mahar Regional School District (Mahar), which serves several central Massachusetts towns, entered into a price watch agreement with Northeast Energy Partners, LLC (Northeast), a licensed broker of energy services based in Connecticut, pursuant to which Northeast would negotiate and secure contracts for the provision of Mahar's electricity from energy suppliers. Mahar did not enter into the agreement to obtain Northeast's services pursuant to the...

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