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McAULIFFE & BURKE CO. v. BOSTON HOUSING AUTHORITY

334 Mass. 28 (1956)

133 N.E.2d 493

McAULIFFE & BURKE COMPANY vs. BOSTON HOUSING AUTHORITY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 2, 1956.

Attorney(s) appearing for the Case

Lewis H. Weinstein, for Boston Housing Authority, & William L. Baxter, Corporation Counsel, for the city of Boston.

R. Gaynor Wellings, for the plaintiff.

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

RONAN, J.

This is a bill in equity, as amended, for a declaratory decree brought by the owner of a parcel of land located within an area known as the New York Streets Project and taken by the Boston Housing Authority as a decadent area for the purpose of its redevelopment. The bill is also brought against the city of Boston. The defendants have appealed from an interlocutory decree overruling their demurrer. The suit was submitted in the Superior

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