FRANKLIN FOUNDATION v. COLLECTOR-TREASURER OF BOSTON


344 Mass. 573 (1962)

183 N.E.2d 710

THE FRANKLIN FOUNDATION vs. COLLECTOR-TREASURER OF BOSTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 20, 1962.


Attorney(s) appearing for the Case

Noel Morss for the plaintiff.

William H. Kerr for the Collector-Treasurer of Boston & another.

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


KIRK, J.

The plaintiff, incorporated by St. 1908, c. 569, as amended by St. 1927, c. 40, St. 1953, c. 77, and St. 1957, c. 119 (see Boston v. Curley, 276 Mass. 549, and Franklin Foundation v. Boston, 336 Mass. 39), brings this bill for declaratory relief under G.L.c. 231A against (a) James E. Gildea as he is collector-treasurer (treasurer) of the city of Boston and has in his custody the Carnegie donation...

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