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SOMERSET v. DIGHTON WATER DISTRICT

347 Mass. 738 (1964)

200 N.E.2d 237

TOWN OF SOMERSET vs. DIGHTON WATER DISTRICT (and a companion case between the same parties).

Supreme Judicial Court of Massachusetts, Bristol.

June 30, 1964.

Attorney(s) appearing for the Case

Douglas Smerdon for the defendant.

James W. Killoran (Ephraim F. Horvitz with him) for the plaintiff.

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

SPIEGEL, J.

The plaintiff, the town of Somerset, in one suit against the Dighton Water District seeks a declaration under G.L.c. 231A that the town has an exclusive right to use the waters and watershed of the Segreganset River for its public water supply system and that an alleged taking of the waters of the Segreganset be declared null and void. In another suit the plaintiff asked that the defendant be restrained from "any further action in execution" of the alleged...

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