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MASS. WHOLESALERS OF MALT BEVERAGES v. ATTORNEY GEN.

409 Mass. 336 (1991)

567 N.E.2d 183

MASSACHUSETTS WHOLESALERS OF MALT BEVERAGES, INC., & another vs. ATTORNEY GENERAL (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

February 19, 1991.

Attorney(s) appearing for the Case

H. Glenn Alberich (Alice E. Moore with him) for Massachusetts Wholesalers of Malt Beverages, Inc., & others.

Toni G. Wolfman for Massachusetts Soft Drink Association & others.

George K. Weber, Assistant Attorney General (Pasqua Scibelli, Assistant Attorney General, with him) for the Attorney General.

John Mirick, for Consolidated Beverages, Inc., was present but did not argue.

Larry L. Varn & William J. Curry for Burke Distributing Corp., Stuart R. Rossman & John F. Donohue for Coca Cola Bottling Company of New England, John F. Adkins & Terry J. Tsagaris for L. Knife & Sons, Inc., Howard M. Miller & Daniel A. Shapiro for Brockton Wholesale Beverage Co., John Houlihan for Quality Beverage, Inc., & James Quarles for United Liquors Limited & others, joined in a brief.

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

O'CONNOR, J.

This case requires us to construe the so-called "bottle bill," G.L.c. 94, §§ 321-327 (1988 ed.), and, more particularly, § 323 (g). Section 323 (g) provides as follows: "Any bottler or distributor who receives deposits and/or handling charges under this chapter shall segregate said deposits or handling charges in a fund which shall be maintained separately from all other revenues. Said bottler or distributor shall report on...

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