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NEW YORK CENTRAL RAILROAD v. DEPARTMENT OF PUB. WORKS

354 Mass. 332 (1968)

237 N.E.2d 283

NEW YORK CENTRAL RAILROAD COMPANY vs. DEPARTMENT OF PUBLIC WORKS.

Supreme Judicial Court of Massachusetts, Suffolk.

May 9, 1968.

Attorney(s) appearing for the Case

Howard M. Miller, Assistant Attorney General (Walter H. Mayo, III, Assistant Attorney General, with him), for the respondent.

Richard J. Ferriter, for New York Central Railroad (Julian T. Hargraves, for the intervener Fermo Bianchi, & Francis E. Sullivan, for the intervener Town of Natick, with him).

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

WHITTEMORE, J.

The railroad brought a petition under G.L.c. 30A, § 14, to review a decision of the Department of Public Works of March 15, 1967, reaffirmed April 11, 1967, refusing to approve the railroad's petition to establish a grade crossing on Route 135, a State highway in Natick, so as to extend a track to land to be used by the Gillette Company for manufacturing purposes. The Gillette Company intervened. In reaffirming...

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