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DONOVAN DRUG CORP. v. BOARD OF APPEALS OF HINGHAM

336 Mass. 1 (1957)

142 N.E.2d 354

DONOVAN DRUG CORPORATION vs. BOARD OF APPEALS OF HINGHAM.

Supreme Judicial Court of Massachusetts, Plymouth.

May 3, 1957.

Attorney(s) appearing for the Case

Joseph M. Leahy, (Daniel L. O'Donnell with him,) for the plaintiff.

George W. McLaughlin, for the defendant.

Present: WILKINS, C.J., RONAN, SPALDING, COUNIHAN, & CUTTER, JJ.

SPALDING, J.

This is a bill in equity under G.L. (Ter. Ed.) c. 40A, § 21, inserted by St. 1954, c. 368, § 2, by way of appeal from a decision of the board of appeals of the town of Hingham.

The judge made findings of material facts which include the following: For many years prior to February 28, 1955, a "grocery store resembling a country general store" had been operated by one Cushing at 738 Main Street...

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