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PETITION OF BOSTON & MAINE CORP.

No. 5865.

109 N.H. 324 (1969)

PETITION OF BOSTON & MAINE CORPORATION.

Supreme Court of New Hampshire.

Decided March 20, 1969.

Attorney(s) appearing for the Case

John J. Nee and Chester A. Prior of Massachusetts, Wiggin, Nourie, Sundeen, Nassikas & Pingree and W. Wright Danenbarger (Mr. Danenbarger orally), for the Boston & Maine Corporation.

George S. Pappagianis, Attorney General and W. Michael Dunn, Attorney (Mr. Dunn orally), for the State.

GRIFFITH, J.

This is an appeal from an order of the Public Utilities Commission made in compliance with the provisions of chapter 241 of the Laws of 1967. This chapter directed the Commission, the Boston & Maine Railroad and the city of Rochester to reopen the Boston & Maine Railroad crossing at Autumn Street in Rochester which had been closed by order of the Commission on April 29, 1960. The plaintiff railroad claims

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