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TSONGAS v. SECRETARY OF THE COMMONWEALTH

362 Mass. 708 (1972)

291 N.E.2d 149

PAUL E. TSONGAS & others vs. SECRETARY OF THE COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

December 29, 1972.

Attorney(s) appearing for the Case

Walter H. Mayo, III, Assistant Attorney General (Michael A. D'Avolio, Assistant Secretary of the Commonwealth, & Henry Sontag with him) for the Secretary of the Commonwealth; W. Barry MacDonald, for Daniel J. Burke & another, interveners, also with him.

William P. Homans, Jr. (Paul G. Counihan with him) for Paul E. Tsongas & others.

Richard D. Clarey, for Civil Liberties Union of Massachusetts, amicus curiae, submitted a brief.

Gerald F. O'Leary, amicus curiae, submitted a brief.

Jacob C. Diemert, for John T. Collins, amicus curiae, submitted a brief.

Present: TAURO, C.J., QUIRICO, BRAUCHER, HENNESSEY, & KAPLAN, JJ.

BRAUCHER, J.

The plaintiffs are two candidates for county commissioner and one for county treasurer of Middlesex County. They sought injunctive and declaratory relief in the county court, contending that G.L.c. 53, § 34, as amended through St. 1970, c. 41,2 and c. 54, § 42, as amended through St. 1972, c. 97,3 relating to the position of candidates on primary and final election ballots, violate art...

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