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MILLER v. SECRETARY OF THE COMMONWEALTH

428 Mass. 82 (1998)

GAIL M. MILLER & others v. SECRETARY OF THE COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

July 23, 1998.

Attorney(s) appearing for the Case

Carl Valvo for the plaintiffs.

Peter Sacks, Assistant Attorney General, for Secretary of the Commonwealth.

Saul A. Schapiro, Edward Kelly & James A. O'Connor for the first ten signers of the referendum petition, amici curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

LYNCH, J.

The plaintiffs, six registered voters of the Commonwealth, seek a declaration that St. 1997, c. 164, is not subject to the process of art. 48, The Referendum, Part III, § 2, of the Amendments to the Massachusetts Constitution.2 The action was commenced in the county court, and a single justice reserved decision and reported the case for consideration by the full court. For the reasons...

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