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ALLEN v. HOLYOKE HOSPITAL

398 Mass. 372 (1986)

496 N.E.2d 1368

DAWN M. ALLEN, administratrix, & others vs. HOLYOKE HOSPITAL & others.

Supreme Judicial Court of Massachusetts, Hampshire.

September 3, 1986.

Attorney(s) appearing for the Case

Charles M. Burnim (Alan R. Goodman with him) for the plaintiffs.

Michael H. Burke (George W. Marion with him) for Holyoke Hospital.

Gerald Glasser & Dana M. Goldman, for Robert M. Abrams & another, were present but did not argue.

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

HENNESSEY, C.J.

A Superior Court judge has reported two questions pursuant to Mass. R. Civ. P. 64, 365 Mass. 831 (1974), regarding whether the social worker privilege contained in G.L.c. 112, § 135, and the provisions of the Fair Information Practices Act (FIPA), G.L.c. 66A (1984 ed.), preclude the defendants from examining certain records of the Department of Social Services (department) relating to the decedent. The defendants seek to examine the department...

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