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HARVEY PAYNE, INC. v. SLATE CO.

345 Mass. 488 (1963)

188 N.E.2d 562

HARVEY PAYNE, INC. vs. THE SLATE COMPANY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 27, 1963.

Attorney(s) appearing for the Case

Rhodes G. Lockwood for the plaintiff.

Herbert A. Horgan, Jr., for The Slate Company.

Edward J. McCormack, Jr., Attorney General, & Herbert E. Tucker, Jr., Assistant Attorney General, for the State Tax Commission, submitted a brief.

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

CUTTER, J.

The plaintiff (Payne) seeks a declaration under G.L.c. 231A to determine whether, pursuant to G.L.c. 64C,2 §§ 12, 13, and 14, "in computing his minimum price for cigarettes, a wholesaler must first add the State cigarette excise ... to the price paid by him to the manufacturer and then apply the 2% and 3/4% markups provided by" § 13 (c). In the Superior Court, the judge...

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