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BOARD OF GAS & ELEC. COMMRS. MIDDLEBOROUGH v. DEPT PUB

363 Mass. 433 (1973)

294 N.E.2d 866

BOARD OF GAS AND ELECTRIC COMMISSIONERS OF MIDDLEBOROUGH vs. DEPARTMENT OF PUBLIC UTILITIES.

Supreme Judicial Court of Massachusetts, Suffolk.

April 3, 1973.

Attorney(s) appearing for the Case

Nathan S. Paven for the petitioner.

Charles M. Furcolo, Assistant Attorney General, for the Department of Public Utilities.

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

QUIRICO, J.

This is an appeal by the board of gas and electric commissioners of Middleborough (board) under G.L.c. 25, § 5, as amended by St. 1956, c. 190, from an order of the Department of Public Utilities (Department) suspending the operation of certain rates and charges filed by the board pending investigation by the Department as to their propriety. The appeal was entered in the county court and was reserved and reported by the single justice on the petition...

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