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PACELLA v. METROPOLITAN DISTRICT COMMISSION

339 Mass. 338 (1959)

159 N.E.2d 75

JOHN PACELLA & others vs. METROPOLITAN DISTRICT COMMISSION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 4, 1959.

Attorney(s) appearing for the Case

Lewis H. Weinstein, (Lawrence A. Sullivan with him,) for the petitioners.

Joseph H. Elcock, Jr., Assistant Attorney General, (Gerald Cabitt with him,) for the respondents.

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

CUTTER, J.

This is a petition under G.L.c. 29, § 63 (inserted by St. 1937, c. 157), by more than twenty-four taxable inhabitants to enjoin the metropolitan district commission (the commission) from awarding the contract hereinafter described and seeking further relief. The case was referred to a master whose report was confirmed. A motion by the petitioners to amend their petition to conform to the proof was denied and a final decree was entered dismissing the...

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