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WHEATLEY v. SECRETARY OF THE COMMONWEALTH

439 Mass. 849 (2003)

LARRY F. WHEATLEY v. SECRETARY OF THE COMMONWEALTH & another.

Supreme Judicial Court of Massachusetts, Barnstable.

August 5, 2003.

Attorney(s) appearing for the Case

Peter Sacks, Assistant Attorney General (Mary O'Neil, Assistant Attorney General, with him) for Secretary of the Commonwealth.

William A. McDermott, Jr. (Ann Marie Johnnene with him) for Matthew C. Patrick.

Richard M. Russell (Edward F. O'Brien, Jr., with him) for the plaintiff.

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

COWIN, J.

Acting pursuant to its powers under Part II, c. 1, § 3, art. 10, of the Massachusetts Constitution, to "be the judge of the returns, elections, and qualifications of its own members," the House of Representatives determined that Matthew C. Patrick was duly elected the representative from the Third Barnstable Representative District in the November, 2002, election. We are asked to determine whether a judge...

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