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MASS. WHOLESALERS OF MALT BEVERAGES, INC. v. C'WEALTH

414 Mass. 411 (1993)

609 N.E.2d 67

MASSACHUSETTS WHOLESALERS OF MALT BEVERAGES, INC., & another vs. COMMONWEALTH & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 1, 1993.

Attorney(s) appearing for the Case

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

Toni G. Wolfman for Massachusetts Soft Drink Association.

Eric A. Smith, Assistant Attorney General (Douglas H. Wilkins, Assistant Attorney General, with him) for the Commonwealth & others.

David A. Nicholas & Joshua Kratka, for Massachusetts Public Interest Research Group, amicus curiae, submitted a brief

Present: LIACOS, C.J., ABRAMS, NOLAN, & LYNCH, JJ.

LYNCH, J.

In Massachusetts Wholesalers of Malt Beverages, Inc. v. Attorney Gen., 409 Mass. 336 (1991) (Mass. Wholesalers), we considered whether G.L.c. 94, § 323 (g), of the so-called "bottle bill,"3 as originally enacted, required bottlers and distributors to hold "deposits and/or handling charges" created by the law in trust for consumers and, with respect to unclaimed...

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