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SECRETARY OF ADMINISTRATION & FINANCE v. ATTORNEY GEN.

367 Mass. 154 (1975)

326 N.E.2d 334

SECRETARY OF ADMINISTRATION AND FINANCE vs. ATTORNEY GENERAL & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 20, 1975.

Attorney(s) appearing for the Case

William G. Young, Chief Legal Counsel to the Governor (Henry E. Clay, Alexander H. Pratt, Jr., & Robert F. Oberkoetter with him) for the plaintiff.

Kenneth H. Zimble (Joel Z. Eigerman with him) for the Trustees of the Stigmatine Fathers, Inc.

Robert H. Quinn, Attorney General, pro se.

Present: TAURO, C.J., REARDON, BRAUCHER, KAPLAN, & WILKINS, JJ.

TAURO, C.J.

The plaintiff commenced this action against the Attorney General before a single justice of this court seeking a declaration that, when the Attorney General is representing the Secretary of Administration and Finance and Commissioner of Administration (Secretary) in a civil action, he is required, at the Governor's request, either to pursue an appeal or to appoint a special assistant attorney general, to be paid by the Secretary, to do so. The Secretary...

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