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VOLIN v. BOARD OF PUBLIC ACCOUNTANCY

422 Mass. 175 (1996)

DAVID R. VOLIN & another vs. BOARD OF PUBLIC ACCOUNTANCY.

Supreme Judicial Court of Massachusetts, Berkshire.

February 26, 1996.

Attorney(s) appearing for the Case

John F. Rogers (Kevin M. Kinne with him) for the plaintiffs.

Thomas O. Bean, Assistant Attorney General, for the defendant.

The following submitted briefs for amici curiae:

Donald B. Verrilli, Jr., & Bruce V. Spiva, of the District of Columbia, for American Express Tax and Business Services, Inc.

Daniel L. Goldberg & Daniel Scott Savrin for the Massachusetts Society of Certified Public Accountants, Inc.

Gerald J. Thain, of Wisconsin, & Leslie S. Shapiro, of Virginia, for the National Society of Public Accountants.

Richard I. Miller, of New York, for the American Institute of Certified Public Accountants.

Stephen Ostrach for the New England Legal Foundation.

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

ABRAMS, J.

The plaintiffs, David R. Volin and the Massachusetts Society of Independent Accountants, Inc. (MSIA), brought an action for declaratory relief challenging the authority of the defendant Board of Public Accountancy (board), under G.L.c. 112, § 87D (1994 ed.), the First Amendment to the United States Constitution, and art. 16 of the Massachusetts Declaration of Rights, as amended by art. 77 of the Amendments to the Massachusetts Constitution, to restrict...

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