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BOSTON & MAINE R. R. v. STATE

No. 4697.

102 N.H. 9 (1959)

BOSTON & MAINE RAILROAD v. STATE.

Supreme Court of New Hampshire.

Decided February 27, 1959.

Attorney(s) appearing for the Case

Sulloway, Hollis, Godfrey & Soden (Mr. Hollis orally), for the petitioner Boston & Maine Railroad.

Warren E. Waters, Deputy Attorney General, for the State, furnished no brief.

Buckley, Zopf & Sayce (Mr. Buckley orally), for the town of Charlestown.

WHEELER, J.

The Commission found "that the public convenience and necessity require[d] the continuation of this agency . . . ." The statute (RSA 374:28) empowers the Commission to discontinue services permanently "whenever it shall appear that the public good does not require further continuance of such service." (Emphasis supplied). Whether the Commission interprets the standard of "public convenience and necessity...

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