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BABETS v. SECRETARY OF HUMAN SERVICES

403 Mass. 230 (1988)

526 N.E.2d 1261

DONALD L. BABETS & others vs. SECRETARY OF HUMAN SERVICES & another.

Supreme Judicial Court of Massachusetts, Suffolk.

August 15, 1988.

Attorney(s) appearing for the Case

Joan A. Lukey, Special Assistant Attorney General (Patrick M. Reagan with her) for the defendants.

Anthony M. Doniger (Susan A. Hartnett & Marjorie Heins with him) for the plaintiffs.

Scott P. Lewis, Tamara S. Wolfson & Barbara J. Valliere, for Massachusetts Coalition for the Homeless & others, amici curiae, submitted a brief.

Carl Valvo, Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

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

HENNESSEY, C.J.

This matter is before us on a report, pursuant to G.L.c. 231, § 111 (1986 ed.), and Mass. R. Civ. P. 64, 365 Mass. 831 (1974), by a Superior Court judge of his interlocutory order allowing the plaintiffs' motion to compel production of documents which the defendants contend are protected from disclosure by a "governmental privilege."3 The judge has stayed his order pending resolution of the report. We granted the plaintiffs...

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