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WORCESTER v. NEW ENGLISH INST. & NEW ENGLISH SCHOOL

335 Mass. 486 (1957)

140 N.E.2d 470

CITY OF WORCESTER vs. NEW ENGLAND INSTITUTE AND NEW ENGLAND SCHOOL OF ACCOUNTING, INC., & others.

Supreme Judicial Court of Massachusetts, Worcester.

March 1, 1957.

Attorney(s) appearing for the Case

Francis H. George, for the defendant Myles Morgan and others.

Philip H. Breen, for the defendant New England Institute and New England School of Accounting, Inc.

No argument nor brief for the plaintiff.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & WHITTEMORE, JJ.

WHITTEMORE, J.

On this bill in equity for a declaratory decree the judge in the Superior Court in "Findings of Fact and Declaratory Judgment" filed May 13, 1955, ruled that the defendant New England Institute and New England School of Accounting, Inc. (New England Institute), is a school within the meaning of § 8, clause (6),1 of Article III of the zoning ordinance of the city of Worcester (Revised Ordinances, 1951, as amended), and...

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