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MOORE v. CATALDO

356 Mass. 325 (1969)

249 N.E.2d 578

WILLIAM R. MOORE & others vs. ROBERT CATALDO & others.

Supreme Judicial Court of Massachusetts, Middlesex.

July 1, 1969.

Attorney(s) appearing for the Case

Albert P. Zabin for the plaintiffs.

Harold E. Stevens for Robert Cataldo & another.

Donald E. Legro, Town Counsel, for the Board of Appeals of Lexington, joined in a brief.

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

SPALDING, J.

The plaintiffs appeal from a final decree sustaining a decision of the board of appeals (board) of Lexington granting a special permit to two of the defendants. The judge, who took a view of the area involved, made a report of material facts. The evidence is reported.

The defendant Ray Howland, Jr., on behalf of himself and his partner, the defendant Robert Cataldo, filed a petition with the board for...

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