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KNOX v. MASS. SOCY. FOR PREVENTION OF CRUELTY

12 Mass. App. Ct. 407 (1981)

425 N.E.2d 393

CHARLES KNOX vs. MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS & another.

Appeals Court of Massachusetts, Plymouth.

August 31, 1981.

Attorney(s) appearing for the Case

Thaddeus R. Beal, Jr., for Massachusetts Society for the Prevention of Cruelty to Animals.

P.J. Piscitelli, for the plaintiff, submitted a brief.

Present: ARMSTRONG, ROSE, & DREBEN, JJ.

DREBEN, J.

The plaintiff, a concessionaire, intended to award goldfish as a prize in a game of chance at the Brockton Fair in July, 1980. When informed by the defendant Massachusetts Society for the Prevention of Cruelty to Animals (MSPCA) that such conduct would violate G.L.c. 272, § 80F, the plaintiff sought and obtained from a Probate Court judge a temporary restraining order against the enforcement of the statute. The defendant MSPCA filed a counterclaim...

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