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MASS. SOC. FOR PREVENTION v. COMM. OF PUBLIC HEALTH

339 Mass. 216 (1959)

158 N.E.2d 487

MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS & another vs. COMMISSIONER OF PUBLIC HEALTH & others (and two companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

May 15, 1959.

Attorney(s) appearing for the Case

William B. Trafford, (Edward G. Fischer with him,) for Massachusetts Society for the Prevention of Cruelty to Animals and others.

Brooks Potter, (Gordon K. Bell with him,) for Animal Rescue League of Boston.

Warren F. Farr, (James Vorenberg with him,) for President and Fellows of Harvard College and others.

Joseph H. Elcock, Jr., Assistant Attorney General, (Dorice S. Grace & Hugh Morton, Assistant Attorneys General, with him,) for the commissioner of public health.

Present: WILKINS, C.J., RONAN, WILLIAMS, COUNIHAN, & WHITTEMORE, JJ.

WHITTEMORE, J.

These cases are brought to test the constitutionality of St. 1957, c. 298, which by § 1 inserted G.L.c. 49A. Massachusetts Society for the Prevention of Cruelty to Animals (the Society) and Animal Rescue League of Boston (the League), Massachusetts charitable corporations, have brought a bill in equity against the commissioner of public health (the commissioner) and three educational institutions which...

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