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CAST IRON SOIL PIPE v. BD. OF STATE EXAMINERS

8 Mass. App. Ct. 575 (1979)

396 N.E.2d 457

CAST IRON SOIL PIPE INSTITUTE vs. BOARD OF STATE EXAMINERS OF PLUMBERS AND GAS FITTERS & another.

Appeals Court of Massachusetts, Suffolk.

October 31, 1979.

Attorney(s) appearing for the Case

James J. Myers (William A. Zucker with him) for the plaintiff.

Donald K. Stern, Assistant Attorney General, for the Board of State Examiners of Plumbers and Gas Fitters & another.

Robert E. Dickinson (Leo A. Reed with him) for Massachusetts Association of Plumbing, Heating and Cooling Contractors, Inc., & others, amici curiae.

Present: KEVILLE, BROWN, & PERRETTA, JJ.

BROWN, J.

By this action seeking declaratory and injunctive relief the plaintiff Cast Iron Soil Pipe Institute challenges the validity of two amendments to the Massachusetts Plumbing Code (code3) adopted by the defendant Board of State Examiners of Plumbers and Gas Fitters (board) affecting the use in Massachusetts of so-called hubless cast iron soil pipe. The trial judge made findings of fact pursuant to Mass.R.Civ.P. 52(a), 365 Mass...

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