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FORTIER v. DEPARTMENT OF PUBLIC UTILITIES

342 Mass. 728 (1961)

175 N.E.2d 495

JOHN F. FORTIER vs. DEPARTMENT OF PUBLIC UTILITIES & others (and a companion case between the same parties).

Supreme Judicial Court of Massachusetts, Suffolk.

June 9, 1961.

Attorney(s) appearing for the Case

Henry G. Bowen, for Fortier.

Frank Daniels, for Peter Pan Bus Lines, Inc.

John J. Coffey, Special Assistant Attorney General, for the Department of Public Utilities.

Francis B. Turner, by leave of court, submitted a brief as amicus curiae.

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

WHITTEMORE, J.

Fortier's consolidated petitions for appeal pursuant to G.L.c. 25, § 5, challenge an order of the department of public utilities of October 13, 1959, and, if that order is invalid, an order of September 15, 1959, which was in terms rescinded by the October order. The cases were reserved and reported by a single justice without decision.

The department, by decision dated September 15, 1959, and "corrected order" of October 13, 1959, acted...

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