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MOSEY CAFE, INC. v. LICENSING BOARD FOR BOSTON

338 Mass. 199 (1958)

154 N.E.2d 585

MOSEY CAFE, INC. vs. LICENSING BOARD FOR THE CITY OF BOSTON & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 5, 1958.

Attorney(s) appearing for the Case

Hirsh Freed, (Arthur Sherman & Herbert Baer with him,) for the plaintiff.

William H. Kerr, for the defendants Licensing Board for the City of Boston and another.

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

WILKINS, C.J.

This bill in equity for a declaratory decree under G.L.c. 231A is reserved and reported without decision upon the pleadings and an agreement as to all the material facts. G.L.c. 214, § 31. The broad questions to be determined are whether G.L.c. 140, § 183A, and Revised Ordinances of Boston (1947) c. 40A, § 1, cl. 92, are inapplicable or void as to the plaintiff in so far as they purport to impose licensing requirements and the payment...

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