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JOAN McDOUGALL v. S & S OF N.E., INC.

382 Mass. 534 (1981)

JOAN McDOUGALL vs. S & S OF N.E., INC. Middlesex.

Supreme Judicial Court of Massachusetts.

February 12, 1981.

Attorney(s) appearing for the Case

George M. Nassar for the plaintiff.

David O. Burbank for the defendant.

The case of Joan McDougall vs. S & S of N.E., Inc., was commenced in the Superior Court on February 14, 1978. The case was heard by Fine, J., on a master's report. After review was sought in the Appeals Court, the Supreme Judicial Court, on its own initiative, ordered direct appellate review.

John J. Lynch for the defendant.

Walter E. Chambers for the plaintiff.

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

KAPLAN, J.

For convenience, we discuss in one opinion two cases in which the respective plaintiff wives sought to present constitutional challenges to the Massachusetts form of tenancy by the entirety as it existed before its reformulation by legislation that became effective in 1980 (St. 1979, c. 727, amending G.L.c. 209, § 1, effective February 11, 1980).1 Invoked by the plaintiff Ruby West was the equal protection clause of the...

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