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ROUNDS v. BD. OF WATER & SEWER COMMR. OF WILMINGTON

347 Mass. 40 (1964)

196 N.E.2d 209

ALBERT P. ROUNDS & another, trustees, vs. BOARD OF WATER AND SEWER COMMISSIONERS OF WILMINGTON & another.

Supreme Judicial Court of Massachusetts, Middlesex.

February 12, 1964.

Attorney(s) appearing for the Case

Arnold W. Hunnewell, Jr., for the respondents.

Eugene L. Tougas for the petitioners.

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

CUTTER, J.

This is a petition by the trustees of a real estate trust for a writ of mandamus to compel the board and the town manager to furnish water to three lots, abutting Evans Drive, a private way in "Hathaway Acres Extension" (the extension). The trial judge made findings which he adopted as a report of material facts. He ordered that a writ issue commanding the board to proceed forthwith to furnish water to houses being built on the three lots. The board and...

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