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DIMLICH v. SCHOOL COMMITTEE OF ANDOVER

344 Mass. 643 (1962)

184 N.E.2d 40

BENJAMIN F. DIMLICH vs. SCHOOL COMMITTEE OF ANDOVER.

Supreme Judicial Court of Massachusetts, Essex.

June 29, 1962.

Attorney(s) appearing for the Case

Frederic S. O'Brien for the defendant.

Frederick G. Fisher, Jr. for the plaintiff.

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

SPIEGEL, J.

The plaintiff brings this bill in equity under G.L.c. 231A seeking a determination of his rights and status within the public school system of the town of Andover. The defendant appealed from a decree favorable to the plaintiff. The evidence is reported.

The pertinent evidence is herewith summarized. The plaintiff became a teacher in the Andover Junior High School in 1936. After the sudden resignation of the principal

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