For twenty-two years P has been running a concession business in various states throughout the country. D became aware that P intended to run a concession booth at the Brockton Fair where he would award a live goldfish (in a clear plastic bag containing water) as a prize to any person who succeeded in tossing a ping pong ball into one of a number of goldfish bowls aligned in P's booth. Some of the bowls were to contain live goldfish. D notified P that his offering of goldfish as prizes in connection with a game of skill or chance would violate G. L. c. 272, § 80F. 'No person shall offer or give away any live animal as a prize or an award in a game, contest, or tournament involving skill or chance.' P brought this action, obtained injunctive relief, and did give away live goldfish as prizes at the Brockton Fair on July 3, 4, and 5, 1980. D appealed.

This section contains the nature of the case and procedural background.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.