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LOOMIS v. BOSTON

331 Mass. 129 (1954)

117 N.E.2d 539

HENRY R. LOOMIS & others vs. CITY OF BOSTON (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

February 18, 1954.

Attorney(s) appearing for the Case

Richard A. Kaye, for the petitioners.

William A. McDermott, Assistant Corporation Counsel, for the respondent city of Boston and others.

Cornelius J. Moynihan, (Joseph J. Gottlieb with him,) for the respondent Sears, Roebuck and Co.

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

QUA, C.J.

The Loomis case is brought by eleven taxpayers of Boston, under G.L. (Ter. Ed.) c. 214, § 3 (11), to restrain the respondent city of Boston from selling or leasing to Sears, Roebuck and Co. under the supposed authority of St. 1951, c. 199, land in Boston included within the description contained in the statute last cited, which is quoted in the footnote.1 The petition makes allegations as follows. The land to which...

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