BLUE HILLS CEMETERY v. BD., REGISTRATION IN EMBALMING


379 Mass. 368 (1979)

398 N.E.2d 471

BLUE HILLS CEMETERY, INC. & another vs. BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING & others.

Supreme Judicial Court of Massachusetts, Norfolk.

December 14, 1979.


Attorney(s) appearing for the Case

Regina Williams Tate (Richard W. Murphy with her) for the plaintiffs.

Alan K. Posner, Assistant Attorney General, for the Commonwealth & another.

Paul F. Markham, for the Massachusetts Funeral Directors Association, Inc., intervener (Daniel G. Harrington, Special Assistant Attorney General, for the Board of Registration in Embalming and Funeral Directing, with him).

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


ABRAMS, J.

The Legislature has provided that a corporation may engage in the business of funeral directing only if it engages in no other business. G.L.c. 112, § 87.3 The plaintiffs contend that this restriction violates the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution as well as Part II, c. 1, § 1, art. 4, of the Constitution...

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