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MASSACHUSETTS SOC. v. DIV OF FISHERIES & WILDLIFE

420 Mass. 639 (1995)

MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS & others vs. DIVISION OF FISHERIES AND WILDLIFE (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

June 20, 1995.

Attorney(s) appearing for the Case

Thomas A. Barnico, Assistant Attorney General, for Division of Fisheries and Wildlife.

Beth O'Neill-Maloney & Richard W. Mable (Sigmund J. Roos with them) for the plaintiffs.

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

O'CONNOR, J.

The plaintiffs brought these actions in the Superior Court to obtain judgments declaring that a certain regulation that had been promulgated by the defendant division of fisheries and wildlife (division) is inconsistent with G.L.c. 131, § 80A (1992 ed.), and is, therefore, invalid. The regulation, set forth at 321 Code Mass. Regs. § 3.02 (5) (1989), governs the use of so-called "padded jaw traps" to...

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