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MORRA v. CITY CLERK OF NEW BEDFORD

340 Mass. 240 (1960)

163 N.E.2d 268

NICOLA J. MORRA & others vs. CITY CLERK OF NEW BEDFORD & others (and a companion case between the same parties).

Supreme Judicial Court of Massachusetts, Bristol.

January 7, 1960.

Attorney(s) appearing for the Case

Gerald P. Walsh, for the plaintiffs-petitioners.

William B. Perry, Jr., Assistant City Solicitor, (Bernard Kestenbaum, Assistant City Solicitor, with him,) for the defendants-respondents.

Present: WILKINS, C.J., SPALDING, COUNIHAN, WHITTEMORE, & CUTTER, JJ.

WHITTEMORE, J.

The city council of New Bedford on December 15, 1958, in a year "other than a regular municipal election year" (G.L.c. 44, § 33A, as amended through St. 1955, c. 358) by an affirmative vote of more than two thirds of the council, passed over the mayor's veto an ordinance to become effective January 1, 1959, which provided a ten per cent increase to each member of the police and fire departments. On December...

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