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EXECUTIVE AIR SERV. INC. v. DIV. OF FISHERIES & GAME

342 Mass. 356 (1961)

173 N.E.2d 614

EXECUTIVE AIR SERVICE, INC. vs. DIVISION OF FISHERIES AND GAME & others (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

April 3, 1961.

Attorney(s) appearing for the Case

Allan M. Hale, for Executive Air Service, Inc.

George B. Rowlings & Peter W. Kilborn, for Coonamessett Ranch Co.

Edward J. McCormack, Jr., Attorney General, & William D. Quigley, Assistant Attorney General, for Division of Fisheries and Game & another.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

WILKINS, C.J.

These cases are here on report following the sustaining of demurrers (1) in the first case to a bill in equity for a declaratory decree under G.L.c. 231A, and (2) in the second case to a petition under c. 258, relating to claims against the Commonwealth.

THE FIRST CASE.

The bill, which is brought against the Division of Fisheries and Game, the Commonwealth, and Coonamessett Ranch Co., makes...

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