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HENRY v. CONNOLLY

Civ. A. No. 90-11767-K.

743 F.Supp. 922 (1990)

Constance Sherbill HENRY, Ann Wilcox, Richard C. Covino, Brian Keith Charlson, Kristin M. Palace, Amy Goldsmith, Ellen Citron, and Amy Perry, Plaintiffs, v. Michael J. CONNOLLY, as he is the Secretary of State of the Commonwealth of Massachusetts, Defendant, and Loretta A. Capezzuto and Massachusetts Committee for Responsible Waste Management, Intervenor-Defendants.

United States District Court, D. Massachusetts.

July 24, 1990.

Attorney(s) appearing for the Case

Kenneth Luke Kimmell, Charles C. Caldart, Public Interest Litigation Project, Boston, Mass., for plaintiffs.

James Shannon, Eric J. Mogilnicki, Asst. Atty. Gen., Boston, Mass., for defendant.

Ferriter, Scobbo, Sikora, Caruso, Rodophele, Robert Rodophgle, Boston, Mass., for intervenor-defendants.

OPINION

KEETON, District Judge.

In Capezzuto v. State Ballot Law Commission, 407 Mass. 949, 556 N.E.2d 366 (1990) (hereinafter the "SJC Opinion"), the Supreme Judicial Court ("SJC") unanimously held that

the full text of the initiative petition in question [Initiative Petition 89-39 ("An Act to Promote Environmentally Acceptable Product Packaging," hereinafter "the Recycling...

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