CARPENTER v. SUFFOLK FRANKLIN SAVINGS BANK


362 Mass. 770 (1973)

291 N.E.2d 609

JOHN WARREN CARPENTER & others vs. SUFFOLK FRANKLIN SAVINGS BANK.

Supreme Judicial Court of Massachusetts, Suffolk.

January 9, 1973.


Attorney(s) appearing for the Case

Herbert H. Hershfang & Lawrence D. Shubow for the plaintiffs.

Richard H. Lovell for the defendant.

David W. Walker for the Savings Banks Association of Massachusetts, amicus curiae.

John J. McCarthy & Charles J. Bowser, Jr., for the Massachusetts Cooperative Bank League, & Sanford A. Kowal, for the League of Women Voters of Boston, amici curiae, submitted briefs.

Present: TAURO, C.J., REARDON, HENNESSEY, & KAPLAN, JJ.


TAURO, C.J.

The plaintiffs appeal from an interlocutory decree of the Superior Court sustaining the defendant's demurrer and from a final decree dismissing the plaintiffs' bill in equity for declaratory relief. The bill was brought by the plaintiffs on their own behalf and for members of a class similarly situated. The essential allegations in the plaintiffs' bill were that they own real property within the city of Boston...

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