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NEWTON v. DEPARTMENT OF PUBLIC UTILITIES

367 Mass. 667 (1975)

328 N.E.2d 885

CITY OF NEWTON & another vs. DEPARTMENT OF PUBLIC UTILITIES & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 7, 1975.

Attorney(s) appearing for the Case

Sanford A. Kowal (Jason A. Rosenberg, Assistant City Solicitor, with him) for the city of Newton & another.

Jeffrey J. Binder, Assistant Attorney General, for the Department of Public Utilities.

Paul B. Galvani (John H. Mason with him) for New England Telephone and Telegraph Company.

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

HENNESSEY, J.

This case is before the court on a petition for judicial review pursuant to G.L.c. 25, § 5, of a final decision of the Department of Public Utilities (Department). The appeals were filed in the county court; the single justice granted New England Telephone & Telegraph Company (Company) leave to intervene on the ground that the Department's decision was directed to the Company. Subsequently the single justice reserved and reported all issues...

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