COYNE v. CITY MANAGER OF CAMBRIDGE


331 Mass. 270 (1954)

118 N.E.2d 768

MICHAEL H. COYNE vs. CITY MANAGER OF CAMBRIDGE.

Supreme Judicial Court of Massachusetts, Middlesex.

April 1, 1954.


Attorney(s) appearing for the Case

Roland H. Peacock, (Peter J. Needham with him,) for the petitioner.

Richard D. Gerould, City Solicitor, for the respondent.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & WILLIAMS, JJ.


WILKINS, J.

This is a petition for a writ of mandamus to order the respondent to restore the petitioner "to his former position" as a member of the fire department of Cambridge. The respondent demurred generally to the petition, the demurrer was sustained, and the petitioner appealed.

The allegations of the petition are as follows: The petitioner was appointed to the fire department as a private on January 15, 1939...

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