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GENERAL ELECTRIC COMPANY v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

429 Mass. 798 (1999)

GENERAL ELECTRIC COMPANY v. DEPARTMENT OF ENVIRONMENTAL PROTECTION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 24, 1999.

Attorney(s) appearing for the Case

Thomas J. Dougherty (David S. Clancy & Larissa E. Murphy with him) for the plaintiff.

William L. Pardee, Assistant Attorney General (Richard D. Hecht, Assistant Attorney General, with him) for the defendants.

The following submitted briefs for amici curiae:

Carolyn K. Ridge-MacWilliam for Supervisor of Public Records.

Cynthia L. Amara & Loretta M. Smith for New England Legal Foundation.

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

GREANEY, J.

The principal issue we consider in this case is whether a governmental entity subject to the public records statute, G. L. c. 66, § 10, may withhold from public disclosure documents and other records on the basis of an implied exemption for materials covered by the work product doctrine.2 We granted the parties' applications for direct appellate review. We now vacate that part of the judgment declaring that the Department...

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