Wachusett Regional School Dist. Committee v. Erickson
| Decision Date | 03 June 1968 |
| Citation | 354 Mass. 768,238 N.E.2d 369 |
| Parties | WACHUSETT REGIONAL SCHOOL DISTRICT COMMITTEE v. Eskel S. ERICKSON et al. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Robert C. Milton, Worcester, for plaintiff.
Francis T. Mullin, Worcester (Henry C. Donnelly, Worcester, with him), for defendants.
Before WILKINS, C.J., and SPALDING, CUTTER, SPIEGEL, and REARDON, JJ.
RESCRIPT.
Following the decision in this case in Mass., a 228 N.E.2d 62, the defendants filed a motion for counsel fees which by interlocutory decree was allowed in the amount of $2,000. The plaintiff appealed both from this and from a final decree after rescript. Subsequently, this court decided CHARTRAND V. RILEY, MASS., 237 N.E.2D 10B which in effect overruled Stiles v. Municipal Council of City of Lowell, 233 Mass. 174, 123 N.E. 615, 4 A.L.R. 1365; Ashton v. Wolstenholme, 243 Mass. 193, 137 N.E. 376, and Malloy v. Carroll, 287 Mass. 376, 191 N.E. 661. See KLASS V. WIRTZ, MASS., 237 N.E.2D 61.C The interlocutory decree was in error in awarding counsel fees, and is reversed. The final decree is modified by striking out the award of counsel fees, and as so modified is affirmed.
So ordered.
a. Mass.Adv.Sh. (1967) 1197
b. Mass.Adv.Sh. (1968) 673.
c. Mass.Adv.Sh. (1968) 677.
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