POWERS v. SIXTY BROADWAY, INC.


371 Mass. 296 (1976)

356 N.E.2d 704

ARTHUR B. POWERS, JR. & others vs. SIXTY BROADWAY, INC. & another.

Supreme Judicial Court of Massachusetts, Norfolk.

November 3, 1976.


Attorney(s) appearing for the Case

Daniel H. Kelleher for Sixty Broadway, Inc. (Paul W. Goodrich, for Cornelius J. Murphy, with him).

Howard M. Miller for the plaintiffs.

Evan T. Lawson & Howard J. Wayne, for the Massachusetts Beverage Association, amicus curiae, submitted a brief.

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


BRAUCHER, J.

Twelve legal voters of the town of Norwood sought and obtained an injunction under G.L.c. 139, § 16A, as appearing in St. 1973, c. 1114, § 12, against the exercise of privileges by the defendant Sixty Broadway, Inc. (the corporate defendant), under a package store license. The defendants appealed, and we transferred the case to this court on our own motion. A judge of the Superior Court made detailed findings of fact and ruled that Robert White...

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