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NEW ENGLAND DIVISION OF THE AMERICAN CANCER SOCIETY v. COMMISSIONER OF ADMINISTRATION

437 Mass. 172 (2002)

NEW ENGLAND DIVISION OF THE AMERICAN CANCER SOCIETY & others v. COMMISSIONER OF ADMINISTRATION & Others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 14, 2002.

Attorney(s) appearing for the Case

John T. Montgomery (Lisa M. Ropple & John P. Bueker with him) for the plaintiffs.

John D. Hanify, Special Assistant Attorney General (David C. Kravitz with him) for the defendants.

Pierce O. Cray, Assistant Attorney General, for the intervener.

Pamela P. Heacock & Paul W. Johnson, for American Heart Association & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

GREANEY, J.

The plaintiffs commenced this action in the Supreme Judicial Court for the county of Suffolk pursuant to G. L. c. 214, § 1, challenging actions taken by the defendant State officials and by the Acting Governor3 (Governor), pursuant to G. L. c. 29, § 9C, to reduce allotments for certain expenditures appropriated in the fiscal year 2002 budget for smoking prevention and for cancer and multiple sclerosis detection and...

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