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BARLOW v. WAREHAM

401 Mass. 408 (1988)

517 N.E.2d 146

GALON L. BARLOW, JR., & another vs. TOWN OF WAREHAM & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 6, 1988.

Attorney(s) appearing for the Case

Daniel M. Blackmon for the plaintiffs.

Joyce Frank (Karen V. Kelly with her) for town of Wareham.

Douglas H. Wilkins, Assistant Attorney General, for Director of the Division of Marine Fisheries, intervener.

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

O'CONNOR, J.

The United States District Court for the District of Massachusetts has certified two questions to this court pursuant to S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981): "1. Do the statutes of Massachusetts, particularly G.L.c. 130, § 52, authorize a Massachusetts town having jurisdiction over coastal waters to restrict the commercial harvesting of the shellfish to residents or taxpayers of such...

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