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COMMONWEALTH v. FRANKLIN FRUIT CO.

388 Mass. 228 (1983)

446 N.E.2d 63

COMMONWEALTH vs. FRANKLIN FRUIT CO., INC.

Supreme Judicial Court of Massachusetts, Essex.

February 23, 1983.

Attorney(s) appearing for the Case

Linda G. Katz, Assistant Attorney General, for the Commonwealth.

Francis J. Tobin (Thomas F. Kiley with him) for the defendant.

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

NOLAN, J.

The Commonwealth appeals from the dismissal of twelve complaints brought against the defendant for violations of G.L.c. 136, § 5, commonly known as the "Sunday closing laws." The complaints were dismissed after a two-day hearing in the District Court in which the defendant challenged the prosecution as violative of due process and equal protection requirements under both the Federal and Massachusetts Constitutions...

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