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HENRY B. BYORS & SONS, INC. v. BOARD OF WATER COMMRS.

358 Mass. 354 (1970)

264 N.E.2d 657

HENRY B. BYORS & SONS, INC. vs. BOARD OF WATER COMMISSIONERS OF NORTHBOROUGH & others.

Supreme Judicial Court of Massachusetts, Middlesex..

December 10, 1970.

Attorney(s) appearing for the Case

David C. Hawkins for the plaintiff.

Stanley G. Walker for the Board of Water Commissioners of Northborough.

Edward O. Proctor for Sarno Construction Co., Inc.

Robert T. Gabriel, for Northborough Housing Authority, submitted a brief.

Present: TAURO, C.J., SPALDING, KIRK, REARDON, & QUIRICO, JJ.

TAURO, C.J.

This is a bill in equity for a declaratory decree brought by the plaintiff, Henry B. Byors & Sons, Inc. (Byors), a plumbing subcontractor of the defendant Sarno Construction Co., Inc. (Sarno), the general contractor. Other defendants are the Northborough Housing Authority (the housing authority) and the board of water commissioners of the town of Northborough (the water commissioners). The bill seeks a declaration as to the validity of a "demand charge...

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