MAYOR OF GLOUCESTER v. CITY CLERK OF GLOUCESTER


327 Mass. 460 (1951)

99 N.E.2d 452

MAYOR OF GLOUCESTER vs. CITY CLERK OF GLOUCESTER & others (and a companion case).

Supreme Judicial Court of Massachusetts, Essex.

June 1, 1951.


Attorney(s) appearing for the Case

I.I. Kline, for the plaintiff and the petitioners.

C.W. Monson, City Solicitor, for the defendants and the respondents.

R.J. Muldoon & A.E. Finger, by leave of court, submitted a brief as amici curiae.

Present: QUA, C.J., LUMMUS, WILKINS, WILLIAMS, & COUNIHAN, JJ.


WILKINS, J.

The first case is a bill in equity brought by the mayor against the city clerk and members of the city council of Gloucester seeking a binding declaration as to whether the regular election this year should be held under the Plan E form of city government or under the charter of Gloucester contained in St. 1908, c. 611. G.L. (Ter. Ed.) c. 231A, inserted by St. 1945, c. 582, § 1. The second case is a taxpayers' petition, under G.L. (Ter. Ed.) c. 40...

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