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SELECTMEN OF WEST SPRINGFIELD v. HOAR

333 Mass. 257 (1955)

130 N.E.2d 570

SELECTMEN OF WEST SPRINGFIELD vs. MARY S. HOAR (and a companion case).

Supreme Judicial Court of Massachusetts, Hampden.

November 30, 1955.

Attorney(s) appearing for the Case

Edward C. Peck, Jr., Town Counsel, for the plaintiffs.

Patrick A. Doyle, for the defendant Hoar.

William J. Foley, for the defendant McCarthy.

Robert J. DeGiacomo & Reuben Goodman, by leave of court, submitted a brief as amici curiae.

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

QUA, C.J.

These two bills for declaratory decrees, both brought in the Superior Court by the selectmen of West Springfield as "the appropriate public authority" referred to in G.L. (Ter. Ed.) c. 32, § 89A, inserted by St. 1948, c. 552, and now most recently amended by St. 1952, c. 431, § 4, present the question whether the presumption defined in G.L. (Ter. Ed.) c. 32, § 94, added by St. 1950, c. 551, and as now appearing in St. 1951, c. 594, applies...

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