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NEW ENGLAND CHRISTIAN COUNCIL v. SEC. COMMONWEALTH

403 Mass. 671 (1989)

532 N.E.2d 40

NEW ENGLAND CHRISTIAN ACTION COUNCIL, INC. vs. SECRETARY OF THE COMMONWEALTH & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 4, 1989.

Attorney(s) appearing for the Case

Philip D. Moran for the plaintiff.

James M. Shannon, Attorney General, Carl Valvo, Judith Fabricant & Eric Mogilnicki, Assistant Attorneys General, for the Secretary of the Commonwealth & another.

John H. Henn & Nancy R. Gottlieb, for Planned Parenthood League of Massachusetts, Inc., amicus curiae.

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

O'CONNOR, J.

New England Christian Action Council, Inc. (NECAC), commenced this action in the Supreme Judicial Court for Suffolk County on September 15, 1988, seeking a declaration that a question it had proposed for inclusion on the November, 1988, ballot in 105 representative districts of the Commonwealth, was "one of public policy" within the meaning of G.L.c. 53, § 19 (1986 ed.), and that therefore its rejection

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