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OTTAWAY NEWSPAPERS, INC. v. APPEALS COURT

372 Mass. 539 (1977)

362 N.E.2d 1189

OTTAWAY NEWSPAPERS, INC. vs. APPEALS COURT & another; BASS RIVER SAVINGS BANK, intervener.

Supreme Judicial Court of Massachusetts, Suffolk.

May 11, 1977.

Attorney(s) appearing for the Case

William H. Carey for the plaintiff.

Thomas R. Kiley, Assistant Attorney General (Louis A. Rizoli, Assistant Attorney General, with him) for the Appeals Court & another.

Peter M. Lauriat (James Roosevelt, Jr., with him) for Bass River Savings Bank, intervener.

Thomas H. Walsh, Jr., & James F. McHugh, for The Reporters Committee for Freedom of the Press, amicus curiae, submitted a brief.

James C. Heigham, for Massachusetts Newspaper Publishers Association, amicus curiae, submitted a brief.

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

KAPLAN, J.

This was an action under the "superintendency" statute, G.L.c. 211, § 3,2 brought in the Supreme Judicial Court for Suffolk County by Ottaway Newspapers, Inc., publisher of the Cape Cod Times (newspaper), against the Appeals Court and its clerk, in which Bass River Savings Bank (bank) was admitted as an intervener. The newspaper sought a judgment vacating an impoundment order that had been granted by a single justice of...

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