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PROPRIETORS OF LOCKS & CANALS v. COMMONWEALTH

341 Mass. 631 (1961)

171 N.E.2d 146

PROPRIETORS OF THE LOCKS AND CANALS ON MERRIMACK RIVER & another vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Middlesex.

January 9, 1961.

Attorney(s) appearing for the Case

Donald R. Grant, for Proprietors of the Locks and Canals on Merrimack River.

Peter F. Curran, for Armour and Company.

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

WILKINS, C.J.

The Commonwealth, acting by its department of public works, on December 24, 1957, took by eminent domain for highway purposes the fee in certain land and a temporary easement in adjacent land in Lowell. The Proprietors of the Locks and Canals on Merrimack River, as owner, and Armour and Company, as lessee of part, filed petitions for the assessment of damages. By order of court the petitions were fused. Lumiansky v. Tessier, 213 Mass. 182...

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