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SEARS v. TREASURER & RECEIVER GENERAL

327 Mass. 310 (1951)

98 N.E.2d 621

SAMUEL P. SEARS & others vs. TREASURER AND RECEIVER GENERAL & another (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk..

April 3, 1951.

May 3, 1951.

Attorney(s) appearing for the Case

F.W. Grinnell & S.P. Sears, for the petitioners Sears and others.

F.B. Wallis, (L. Wheeler, Jr., & A.C. Conley with him,) for the petitioners Ellison and others.

L.E. Ryan, Assistant Attorney General, (D.H. Stuart, Assistant Attorney General, with him,) for the respondents.

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

QUA, C.J.

The first of these cases is a petition by eleven citizens of the Commonwealth "interested in the execution of laws" against the Treasurer and Receiver General and the commissioner of public welfare, praying for a writ of mandamus to command the respondents to refrain from paying out any money or taking any action whatever under a purported law proposed by the initiative which was voted upon favorably at the State...

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