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DEPARTMENT OF PUB. UTILITIES v. NEW ENGLAND TEL. & TEL

325 Mass. 281 (1950)

90 N.E.2d 328

DEPARTMENT OF PUBLIC UTILITIES vs. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

February 6, 1950.

Attorney(s) appearing for the Case

J.W. Kelleher, (H. Freed & F.J. Quirico with him,) "acting under the supervision of the Attorney General," for the petitioner.

H.P. Moulton, (C.C. Cabot with him,) for the respondent.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & COUNIHAN, JJ.

QUA, C.J.

This is a petition for a writ of mandamus brought by the department in this court, purportedly under G.L. (Ter. Ed.) c. 159, § 40, and the last sentence of c. 25, § 5, for the purpose of compelling the company as a common carrier as defined in c. 159, § 12 (d), to charge for telephone service the rates contained in schedules filed by the company with the department on March 31, 1949, as modified by rate sheets filed May 13, 1949, and to refrain...

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