DEPARTMENT OF PUB. UTILITIES v. New England Tel. & Tel.

325 Mass. 281 (1950)

90 N.E.2d 328

DEPARTMENT OF PUBLIC UTILITIES

vs.

NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

December 9, 1949.

February 6, 1950.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & COUNIHAN, JJ.

J.W. Kelleher, (H. Freed & F.J. Quirico with him,) "acting under the supervision of the Attorney General," for the petitioner.

H.P. Moulton, (C.C. Cabot with him,) for the respondent.

QUA, C.J.

This is a petition for a writ of mandamus brought by the department in this court, purportedly under G.L. (Ter. Ed.) c. 159, § 40, and the last sentence of…