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VIGNEAULT v. SECRETARY OF THE COMMONWEALTH

354 Mass. 362 (1968)

237 N.E.2d 286

DAVE N. VIGNEAULT vs. SECRETARY OF THE COMMONWEALTH & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 21, 1968.

Attorney(s) appearing for the Case

Victor N. Gagnon for the petitioner.

Lawrence T. Holden, Jr. (Leonard Wheeler with him) for the Commissioners of the County of Dukes County.

Lawrence S. Fordham for the Commissioners of Nantucket County (Howard M. Miller, Assistant Attorney General, & Mark N. Cohen, Deputy Assistant Attorney General, for the Secretary of the Commonwealth, with him).

Manuel Katz for Robert H. Quinn, Speaker of the House of Representatives, amicus curiae, was present but did not argue and, with Paul T. Smith, submitted a brief.

John E. Fenton, Jr., for Maurice J. Donahue, President of the Senate, amicus curiae, was present but did not argue.

Present: WILKINS, C.J., SPALDING, CUTTER, SPIEGEL, & REARDON, JJ.

WILKINS, C.J.

This petition for a writ of mandamus, brought originally against the Secretary of the Commonwealth, raises the fundamental issue as to the constitutionality of St. 1967, c. 877, § 3, "An Act apportioning representatives to the several counties of the commonwealth and providing that each representative shall represent an equal number of inhabitants, as nearly as may be." This act, amending G.L.c. 57, § 4, apportioned the 240 members of the House...

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