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BOSTON GAS CO. v. DEPARTMENT OF PUBLIC UTILITIES

387 Mass. 531 (1982)

441 N.E.2d 746

BOSTON GAS COMPANY vs. DEPARTMENT OF PUBLIC UTILITIES.

Supreme Judicial Court of Massachusetts, Suffolk.

October 28, 1982.

Attorney(s) appearing for the Case

John M. Stevens (L. William Law with him) for the plaintiff.

Paul W. Johnson, Assistant Attorney General (Thomas A. Barnico, Assistant Attorney General, with him) for the defendant.

Present: HENNESSEY, C.J., WILKINS, NOLAN, & O'CONNOR, JJ.

NOLAN, J.

The Boston Gas Company (Company) filed a complaint in the county court on December 8, 1981, seeking declaratory and injunctive relief against the enforcement of St. 1981, c. 604 (Act). The full text of c. 604 is set out below.1 Following a hearing, a single justice denied the Company's request for a temporary restraining order. The Department of Public Utilities (Department) filed an answer and counterclaim, and a motion to dismiss...

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