SIMON v. STATE EXAMINERS OF ELECTRICIANS


395 Mass. 238 (1985)

479 N.E.2d 649

MURRY G. SIMON & others vs. STATE EXAMINERS OF ELECTRICIANS.

Supreme Judicial Court of Massachusetts, Suffolk.

June 25, 1985.


Attorney(s) appearing for the Case

Anne L. Berger for the plaintiffs.

Stephen S. Ostrach, Assistant Attorney General, for the defendant.

Peter J. Gagne, for Electrical Contractors Association of Greater Boston, amicus curiae, submitted a brief.

Paul F. Kelly, for Excavating and Building Material Chauffeurs and Helpers Local Union No. 379, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


LYNCH, J.

The plaintiffs challenge a rule promulgated by the State Examiners of Electricians (examiners), which effectively requires that only licensed electricians install fire or burglar alarm systems in the Commonwealth.2 The plaintiffs prevailed in the Superior Court, which held the rule to be invalid, but a divided panel of the Appeals Court reversed. See Simon v. State Examiners...

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