DE NUNZIO v. CITY MANAGER OF CAMBRIDGE


341 Mass. 420 (1960)

169 N.E.2d 877

SABATO DE NUNZIO vs. CITY MANAGER OF CAMBRIDGE & another.

Supreme Judicial Court of Massachusetts, Middlesex.

November 14, 1960.


Attorney(s) appearing for the Case

Mosier B. Goldberg, Assistant City Solicitor, for the respondents.

Joseph A. DeGuglielmo, for the petitioner.

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


WHITTEMORE, J.

The judgment that a writ of mandamus issue was in error.

The petition averred that on November 28, 1955, the city council of Cambridge "duly passed" an order granting an increase in the retirement allowance of the petitioner in accordance with the provisions of G.L.c. 32, § 90A, but that the city manager at all times thereafter had refused to approve the order. The answer admitted this allegation. The statute (c. 32, § 90A) provides...

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