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CABA v. PROBATE COURT FOR THE COUNTY OF HAMPDEN

363 Mass. 132 (1973)

292 N.E.2d 867

EDWARD CABA vs. PROBATE COURT FOR THE COUNTY OF HAMPDEN & another.

Supreme Judicial Court of Massachusetts, Suffolk.

February 16, 1973.

Attorney(s) appearing for the Case

Michael P. Curran (Robert D. Smith with him) for the petitioner.

Lawrence T. Bench, Assistant Attorney General, for the respondents.

Matthew J. Ryan, Jr., for Joseph M. Faucette, amicus curiae.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.

REARDON, J.

The town clerk of Agawam and clerk of its town council, Edward Caba, has brought this petition for a writ of prohibition to restrain the respondent Probate Court for Hampden County from hearing, determining, or taking any further action in the case of Joseph M. Faucette against him and another, an equity proceeding brought in that court.

In 1971 the voters of Agawam adopted a home rule charter changing the form of government of that town.

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