HENRY v. CONNOLLY

No. 90-1699.

910 F.2d 1000 (1990)

Constance Sherbill HENRY, et al., Plaintiffs, Appellants, v. Michael J. CONNOLLY, etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 8, 1990.

Rehearing and Rehearing Denied September 6, 1990.


Attorney(s) appearing for the Case

David J. Fine, Boston, Mass., with whom Kenneth L. Kimmell, Watertown, Mass., Charles C. Caldart, Public Interest Litigation Project, and David J. Fine and Associates, Boston, Mass., were on brief, for plaintiffs, appellants.

Eric J. Mogilnicki, Asst. Atty. Gen., with whom James M. Shannon, Boston, Mass., Atty. Gen., was on brief, for Michael J. Connolly, defendant, appellee.

Gerald J. Caruso, with whom Robert P. Rodophele, Ann Ryan-Small, and Ferriter, Scobbo, Sikora, Caruso & Rodophele, P.C., Boston, Mass., were on brief, for intervenor defendants Loretta A. Capezzuto, et al., appellees.

Before SELYA and CYR, Circuit Judges, and RE, Judge.


Rehearing and Rehearing En Banc Denied September 6, 1990.

SELYA, Circuit Judge.

The Massachusetts Supreme Judicial Court (SJC) recently ruled that Initiative Petition No. 89-39 (the "Recycling Initiative") was not subscribed to by 10 qualified voters as required by the Massachusetts Constitution1, and therefore should not be placed on the ballot at the forthcoming November 1990 general election. See Capezzuto v. State Ballot...

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