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MASS. COUNCIL OF CONST. EMPLOYERS v. MAYOR OF BOSTON

384 Mass. 466 (1981)

425 N.E.2d 346

MASSACHUSETTS COUNCIL OF CONSTRUCTION EMPLOYERS, INCORPORATED, & others vs. MAYOR OF BOSTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

August 28, 1981.

Attorney(s) appearing for the Case

Paul J. Kingston for the plaintiffs.

Gerard J. Clark for the Mayor of Boston & others.

E. Michael Sloman, Assistant Attorney General (Carl Valvo, Assistant Attorney General, with him) for Department of Labor & Industries.

Kurt M. Pressman for Boston Jobs Coalition, Inc., intervener.

Wayne S. Henderson, for New England Legal Foundation, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.

LYNCH, J.

Before us is a challenge to a portion of G.L.c. 149, § 26,3 and to an executive order4 of the mayor of the city of Boston, as well as to a regulation of the Boston Redevelopment Authority (BRA).5 The contested section of the statute mandates that private contractors on State-funded construction projects give preference to...

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