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RETAIL STORES DELIVERY, INC. v. DEPT. OF PUB. UTIL.

339 Mass. 441 (1959)

159 N.E.2d 646

RETAIL STORES DELIVERY, INC. & others vs. DEPARTMENT OF PUBLIC UTILITIES & an intervener.

Supreme Judicial Court of Massachusetts, Suffolk.

June 24, 1959.

Attorney(s) appearing for the Case

Herbert Burstein, (William H. Marx of New York & John J. Carty with him,) for the plaintiffs.

Bernard G. Segal of Pennsylvania, (Irving R. Segal of Pennsylvania, Philip R. White & Norman Landstrom with him,) for the intervener.

Nathan S. Paven, Assistant Attorney General, for the Department of Public Utilities.

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

WHITTEMORE, J.

This is a bill in equity under G.L.c. 25, § 5, as amended by St. 1953, c. 575, § 1, and St. 1956, c. 190. The plaintiffs are carriers of property by motor vehicle which are subject to G.L.c. 159B. Retail Stores Delivery, Inc., is a contract carrier, and Stone's Express, Inc., and Railway Express Agency, Incorporated, are common carriers. The bill seeks the annulment of an order of the department of public utilities dismissing the appeals of...

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