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EASTERN MASS. ST. RAILWAY v. MASS. BAY TRANSP. AUTHY.

350 Mass. 340 (1966)

214 N.E.2d 889

EASTERN MASSACHUSETTS STREET RAILWAY COMPANY vs. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 4, 1966.

Attorney(s) appearing for the Case

Timothy H. Donohue for Eastern Massachusetts Street Railway Company.

William D. Quigley (John J. Gilbody with him) for Massachusetts Bay Transportation Authority.

John E. O'Keefe for Boston and Maine Corporation.

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

WILKINS, C.J.

In this bill in equity seeking declaratory relief under G.L.c. 231A, the plaintiff is Eastern Massachusetts Street Railway Company, a Massachusetts corporation (Eastern), and the defendants are the Authority, created as "a political subdivision of the commonwealth" by G.L.c. 161A, § 2, inserted by St. 1964, c. 563, § 18, the city of Lowell, the town of Billerica, and Boston and Maine Corporation ...

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