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COMMONWEALTH v. MASSACHUSETTS TURNPIKE AUTHORITY

349 Mass. 1 (1965)

206 N.E.2d 74

COMMONWEALTH vs. MASSACHUSETTS TURNPIKE AUTHORITY (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

April 6, 1965.

Attorney(s) appearing for the Case

John L. Murphy, Jr. (John L. Murphy & Arthur A. Karp with him) for the Massachusetts Turnpike Authority.

John F. St. Cyr, Legal Assistant to the Attorney General, & Charles Ingram, Special Assistant Attorney General, for the Commonwealth.

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

CUTTER, J.

These cases arise out of the Authority's purported taking by eminent domain (in connection with the Boston extension of the Massachusetts turnpike) of the premises (the locus) formerly occupied by the Commonwealth's Irvington Street armory in Boston. The first case is a bill in equity filed by the Commonwealth in the county court on September 25, 1963, to have the Authority's purported taking (made on May 29, 1962) declared void, and for other relief. The...

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