OXFORD v. OXFORD WATER CO.


391 Mass. 581 (1984)

463 N.E.2d 330

TOWN OF OXFORD vs. OXFORD WATER COMPANY.

Supreme Judicial Court of Massachusetts, Worcester.

March 29, 1984.


Attorney(s) appearing for the Case

William T. Talcott, Jr., for the plaintiff.

Lane McGovern for the defendant.

Present: HENNESSEY, C.J., ABRAMS, LYNCH, & O'CONNOR, JJ.


LYNCH, J.

The town of Oxford seeks declaratory relief pursuant to G.L.c. 231A, concerning its right under St. 1904, c. 193, § 9, "to take by purchase ... the franchise, property, rights and privileges" of the Oxford Water Company (company) "on payment of the actual cost thereof." The statute further provides that "unless the dividends earned and declared by said company on its stock shall be equal to or in excess of...

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