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WILMINGTON v. DEPARTMENT OF PUBLIC UTILITIES

340 Mass. 432 (1960)

165 N.E.2d 99

TOWN OF WILMINGTON vs. DEPARTMENT OF PUBLIC UTILITIES & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 3, 1960.

Attorney(s) appearing for the Case

Philip B. Buzzell, for the town of Wilmington.

James J. Kelleher, Assistant Attorney General, for the Department of Public Utilities.

Joseph Auerbach, (Neal Holland with him,) for Boston and Maine Railroad.

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

SPALDING, J.

Under G.L.c. 25, § 5, the town of Wilmington filed a petition for appeal in the county court seeking a review of a decision of the department of public utilities on a petition of the Boston and Maine Railroad (hereinafter called the railroad) for the discontinuance of certain passenger stations and passenger service. The department and the railroad demurred on the ground that the town had no standing under...

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