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BOSTON CONSOLIDATED GAS CO. v. DEPT. OF PUB. UTILITIES

329 Mass. 124 (1952)

106 N.E.2d 684

BOSTON CONSOLIDATED GAS COMPANY vs. DEPARTMENT OF PUBLIC UTILITIES.

Supreme Judicial Court of Massachusetts, Suffolk.

June 12, 1952.

Attorney(s) appearing for the Case

David H. Stuart, Assistant Attorney General, for the defendant.

Robert H. Holt, (Joseph P. Rooney & Arthur P. Schmidt with him,) for the plaintiff.

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

QUA, C.J.

This is a bill in equity under G.L. (Ter. Ed.) c. 25, § 5, for the annulment as confiscatory of an order of the department entered September 28, 1948, disallowing a schedule of rates for gas which had been filed by the company, and permitting it to file new and lower rates.

When the case was here before (Boston Consolidated Gas Co. v. Department of Public Utilities, 327 Mass. 103), it appeared...

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