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HOLYOKE WATER POWER CO. v. HOLYOKE

349 Mass. 442 (1965)

208 N.E.2d 801

HOLYOKE WATER POWER CO. vs. CITY OF HOLYOKE & another.

Supreme Judicial Court of Massachusetts, Hampden.

June 25, 1965.

Attorney(s) appearing for the Case

John F. Moriarty for the plaintiff.

Maurice J. Ferriter for the defendants.

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

CUTTER, J.

The plaintiff (the company) brings this bill for declaratory relief against the city and against the city's gas and electric commission (see St. 1922, c. 173). A plea in bar was sustained on the grounds stated in the margin.1 By final decree the bill was dismissed. The company appealed. The facts are stated as alleged in the bill.

The city "owns and operates its own gas and...

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