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BARNSTABLE v. WOODS HOLE, MARTHA'S VINEYARD S.S. AUTH.

343 Mass. 674 (1962)

180 N.E.2d 440

TOWN OF BARNSTABLE & others vs. WOODS HOLE, MARTHA'S VINEYARD AND NANTUCKET STEAMSHIP AUTHORITY & others.

Supreme Judicial Court of Massachusetts, Barnstable.

February 26, 1962.

Attorney(s) appearing for the Case

Kenneth E. Wilson, for the town of Barnstable, (John P. Sylvia, Jr., for the town of Falmouth, with him).

Roger F. Turner, for Howard F. Peak and others, intervening plaintiffs.

Richard I. Bailen, for S. Volpe & Co. Inc.

Lewis H. Weinstein, (Laurence S. Fordham with him,) for Woods Hole, Martha's Vineyard and Nantucket Steamship Authority.

Douglas Danner, for William H. Gulliver, Jr., intervening plaintiff, submitted a brief.

Roy E. Sanguinetti, for the town of Nantucket, submitted a brief.

Francis X. Hurley, for the County of Dukes County, submitted a brief.

Daniel J. Fern, by leave of court, submitted a brief as amicus curiae.

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

WILKINS, C.J.

The town of Barnstable and the town of Falmouth, in which is located Woods Hole, seek declaratory relief under G.L.c. 231A against Woods Hole, Martha's Vineyard and Nantucket Steamship Authority and its three members to determine the right of the Authority to furnish transportation from Barnstable to either of the islands of Martha's Vineyard or Nantucket. S. Volpe & Co. Inc. (Volpe) has been made a party defendant. Volpe proposes to build a pier...

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