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COMMONWEALTH OF MASSACHUSETTS v. BARTLETT

Civ. A. No. 66-679-F.

266 F.Supp. 390 (1967)

COMMONWEALTH OF MASSACHUSETTS, Massachusetts Bay Transportation Authority, Plaintiffs, v. Charles W. BARTLETT, as he is Trustee of the Boston and Providence Railroad Company and Richard Joyce Smith and William J. Kirk, Trustees of the property the New York, New Haven and Hartford Railroad Company, Debtor, Defendants.

United States District Court D. Massachusetts.

April 13, 1967.

Attorney(s) appearing for the Case

Elliot L. Richardson, Atty. Gen., Richard A. Hunt, Richard L. Seegel, Asst. Attys. Gen., Boston, Mass., for plaintiff.

Edward F. McLaughlin, Jr., William D. Quigley, Boston, Mass., for Mass. Bay Transportation Authority.

Ely, Bartlett, Brown & Proctor, Birge Albright, Charles W. Mulcahy, Jr., Mulcahy & Mulcahy, Joseph W. Bartlett, Benjamin H. Lacy, Nutter McClennen & Fish, Sullivan & Worcester, Robert G. Bleakney, Jr., Boston, Mass., for defendant Charles W. Bartlett, Trustee.

Robert W. Blanchette, New Haven, Conn., for R. J. Smith and W. J. Kirk, Trustees of the property of the N.Y., N. H. and H R.R. Co., debtor.

Edmund M. Sweeney, Boston, Mass., for N.Y.N.H. & H R.R. Co.

OPINION

FRANCIS J. W. FORD, District Judge.

This is an action for a declaratory judgment brought to resolve a controversy between the parties arising from the expressed intention of the plaintiff Commonwealth of Massachusetts acting in conjunction with intervenor Massachusetts Bay Transportation Authority to take by eminent domain certain real estate owned in fee by the Boston and Providence Railroad Company, for use in developing a transportation corridor...

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