BOSTON CONSOLIDATED GAS CO. v. DEPARTMENT OF PUB. UTIL


327 Mass. 103 (1951)

97 N.E.2d 521

BOSTON CONSOLIDATED GAS COMPANY vs. DEPARTMENT OF PUBLIC UTILITIES.

Supreme Judicial Court of Massachusetts, Suffolk.

February 28, 1951.


Attorney(s) appearing for the Case

R.H. Holt, (J.P. Rooney & A.P. Schmidt with him,) for the plaintiff.

D.H. Stuart, Assistant Attorney General, (F.J. Roche, Assistant Attorney General, with him,) for the defendant.

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


QUA, C.J.

This is a bill in equity under G.L. (Ter. Ed.) c. 25, § 5,1 alleging that an order of the department entered September 28, 1948, in a proceeding known as D.P.U. 7966, whereby the department disallowed a schedule of rates for gas to be sold to the public which the company had filed on November 14, 1947, and permitted the company to file new and lower rates, was confiscatory and unconstitutional. The rates filed by the company...

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