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HALL-OMAR BAKING CO. v. COMMISSIONER OF LABOR & IND.

344 Mass. 695 (1962)

184 N.E.2d 344

HALL-OMAR BAKING COMPANY vs. COMMISSIONER OF LABOR AND INDUSTRIES.

Supreme Judicial Court of Massachusetts, Suffolk.

July 5, 1962.

Attorney(s) appearing for the Case

Franklin T. Hammond, Jr. (Joseph P. Rooney with him) for the plaintiff.

Lawrence E. Cooke, Assistant Attorney General (Raymond F. O'Connell with him), for the defendant.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & SPIEGEL, JJ.

WHITTEMORE, J.

The plaintiff (Hall-Omar), a maker and retailer of bakery products, seeks a declaration under G.L.c. 231A that its drivers and supervisors are not "hawkers" or "pedlers" under G.L.c. 101, and that c. 101, if applicable, is discriminatory and unconstitutional as applied to it and to its employees, particularly in view of the exemption of milk companies in their household deliveries of dairy products.

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