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MOSEY CAFE, INC. v. MAYOR OF BOSTON

338 Mass. 207 (1958)

154 N.E.2d 591

MOSEY CAFE, INC. vs. MAYOR OF BOSTON & others.

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.

Joseph H. Elcock, Jr., Assistant Attorney General, for the defendant Commissioner of Public Safety.

William H. Kerr, for the defendant Mayor 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. This case is complementary to Mosey Cafe, Inc. v. Licensing Bd. for Boston, ante, 199, which deals with licensing problems on weekdays whereas this case deals with similar problems on the Lord's day.

The issues are whether G.L.c. 136, §...

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