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MASSACHUSETTS OILHEAT COUNCIL v. DEPT. OF PUB. UTIL.

418 Mass. 798 (1994)

641 N.E.2d 1318

MASSACHUSETTS OILHEAT COUNCIL vs. DEPARTMENT OF PUBLIC UTILITIES & another.

Supreme Judicial Court of Massachusetts, Suffolk.

November 14, 1994.

Attorney(s) appearing for the Case

Robert M. Granger (Nicholas J. Scobbo, Jr., with him) for plaintiff.

E. Michael Sloman, Special Assistant Attorney General (Michael B. Meyer, Special Assistant Attorney General, with him) for Department of Public Utilities.

Jennifer L. Miller (Catherine L. Nesser with her) for the intervener.

Present: LIACOS, C.J., ABRAMS, O'CONNOR, & GREANEY, JJ.

O'CONNOR, J.

This case, which is before us on a reservation and report by a single justice, is an appeal pursuant to G.L.c. 25, § 5 (1992 ed.), from a final order of the Department of Public Utilities (department). The appeal petition also asserts a right to a declaratory judgment pursuant to G.L.c. 231A (1992 ed.). The plaintiff, Massachusetts Oilheat Council (MOC), which is a trade association of fuel oil dealers, challenges the department's adoption of a regulatory...

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