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KENYON OIL CO. v. CHIEF OF THE FIRE DEPARTMENT

15 Mass. App. Ct. 727 (1983)

448 N.E.2d 1134

KENYON OIL COMPANY, INC. vs. CHIEF OF THE FIRE DEPARTMENT OF DOUGLAS.

Appeals Court of Massachusetts, Worcester.

May 6, 1983.

Attorney(s) appearing for the Case

Frank E. Eastman for the plaintiff.

Don J. Virostek, for the defendant, submitted a brief.

Present: HALE, C.J., GRANT, & ARMSTRONG, JJ.

ARMSTRONG, J.

The plaintiff (Kenyon) operates a gasoline station on Main Street in Douglas and seeks to convert it to a self-service station. Kenyon submitted its conversion plan to the chief of the fire department on November 17, 1980, and the following day submitted it to the State Fire Marshal with an application for approval of the self-service facility. The State Fire Marshal replied on April 9, 1981, by a letter which stated: "Enclosed please find one (1) print...

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