Massachusetts Wholesalers of Malt Beverages, Inc. v. Commonwealth

The matter is before this court on motions for entry of judgment filed by both sides. Essentially at issue are the matters raised by the decision of this court and that of the Supreme Judicial Court which appears as Massachusetts Wholesalers of Malt Beverage, Inc. v. Commonwealth, 414 Mass. 411 (1993). The heart of the matter concerns the determination by the Supreme Judicial Court that the retroactive funding provisions of the statute which required the bottlers and distributors to use certain funds of their own for the purpose of the initial funding of the bottle redemption program was…