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CARLISLE v. DEPARTMENT OF PUBLIC UTILITIES

353 Mass. 722 (1968)

234 N.E.2d 752

TOWN OF CARLISLE & others vs. DEPARTMENT OF PUBLIC UTILITIES & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 4, 1968.

Attorney(s) appearing for the Case

W. Hugh M. Morton for Adalbert E. Benfield & others (Daniel H. Kelleher, for the Town of Carlisle, with him).

Alan J. Dimond, Assistant Attorney General, for the Department of Public Utilities (Norman J. Richards, for the intervener Tennessee Gas Pipeline Company, with him).

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

WILKINS, C.J.

This is a petition for appeal purportedly pursuant to G.L.c. 25, § 5, from a final decision, order, and "finding" of the respondent department dated February 8, 1967, by which the respondent pipeline company (Tennessee), was authorized under G.L.c. 164, § 75D,3 "to enter upon the lands of any person or corporation for the purpose of making a survey." The respondents' demurrers...

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