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MILTON v. ATTORNEY GENERAL

372 Mass. 694 (1977)

363 N.E.2d 679

TOWN OF MILTON vs. ATTORNEY GENERAL.

Supreme Judicial Court of Massachusetts, Suffolk.

June 6, 1977.

Attorney(s) appearing for the Case

Robert D. O'Leary, Town Counsel, for the town of Milton.

Steven A. Rusconi, Assistant Attorney General, for the Attorney General.

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

BRAUCHER, J.

The 1976 annual town meeting in Milton (town) voted to add to the town by-laws a new § 36,1 restricting the pumping of gasoline at retail filling stations to attendants employed by the station. The Attorney General disapproved the by-law because it would prohibit self-service gas stations, contrary to rule 43 of the Rules and Regulations (Form FPR-4) filed by the Board of Fire Prevention Regulations (board) on May 1,...

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