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ROBBINS v. DEPARTMENT OF PUBLIC WORKS

355 Mass. 328 (1969)

244 N.E.2d 577

WALTER S. ROBBINS & others vs. DEPARTMENT OF PUBLIC WORKS & another.

Supreme Judicial Court of Massachusetts, Suffolk.

February 5, 1969.

Attorney(s) appearing for the Case

Stuart DeBard for the petitioners.

Henry S. Healy, Assistant Attorney General, for the respondents.

Present: WILKINS, C.J., CUTTER, KIRK, SPIEGEL, & REARDON, JJ.

KIRK, J.

This amended petition for a writ of mandamus is before us on reservation and report without decision of a judge of the Superior Court with a statement of agreed facts. In this posture the case is essentially a case stated and all questions of law and discretion are open to us. See Appleton v. Massachusetts Parking Authy. 340 Mass. 303; G.L.c. 231, § 111; G.L.c. 213, § 1D, as amended by St. 1957,...

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