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NATIONAL KEROSENE HEATER ASS'N, INC. v. COM. OF MASS.

Civ. A. No. 86-0847-S.

653 F.Supp. 1079 (1986)

NATIONAL KEROSENE HEATER ASSOCIATION, INC., Plaintiff, v. COMMONWEALTH OF MASSACHUSETTS, et al., Defendants.

United States District Court, D. Massachusetts.

Motion for Summary Judgment February 24, 1987.

Attorney(s) appearing for the Case

Thomas F. Holt, Jr., DiCara, Selig, Sawyer & Holt, Boston, Mass., for plaintiff.

E. Michael Sloman, Thomas A. Barnico, Asst. Attys. Gen., Government Bureau, Boston, Mass., for defendants.

Defendants Motion for Summary Judgment February 24, 1987.

MEMORANDUM AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

SKINNER, District Judge.

The plaintiff, National Kerosene Heater Association, Inc. ("NKHA"), brings this action to challenge the constitutionality of M.G.L. c. 148, §§ 5A and 25B, as amended by Mass.St.1985, c. 625, which ban the sale and use of unvented liquid fired space heaters in Massachusetts. NKHA asserts that the Commonwealth...

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