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FILLMORE v. DEPARTMENT OF PUBLIC UTILITIES

357 Mass. 222 (1970)

257 N.E.2d 427

ROBERT G. FILLMORE & another vs. DEPARTMENT OF PUBLIC UTILITIES.

Supreme Judicial Court of Massachusetts, Suffolk.

April 8, 1970.

Attorney(s) appearing for the Case

Nathan S. Paven for the petitioners.

Charles K. Mone, Assistant Attorney General (Walter H. Mayo, III, Assistant Attorney General, with him), for the respondent.

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

SPALDING, J.

The petitioners appeal pursuant to G.L.c. 25, § 5, from a decision of the Department of Public Utilities (D.P.U.). The single justice reserved and reported the case without decision.

The facts are not in dispute. Until May, 1957, the Hudson Municipal Electric Plant (Hudson) supplied the petitioners with electricity under a commercial lighting and power rate, called the B rate. In May, 1957, the B rate was cancelled and two new rates were...

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