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REILLY v. BOARD OF SELECTMEN OF FRAMINGHAM

345 Mass. 363 (1963)

187 N.E.2d 838

FRANCIS X. REILLY vs. BOARD OF SELECTMEN OF FRAMINGHAM & another.

Supreme Judicial Court of Massachusetts, Middlesex.

February 1, 1963.

Attorney(s) appearing for the Case

James J. Sullivan, Jr., for the respondents.

Sidney S. von Loesecke (Joseph L. Shea with him) for the petitioner.

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

WHITTEMORE, J.

The order in the Superior Court from which the respondents have appealed was that a writ of mandamus issue on the petition, that is, in effect, a writ commanding the board of selectmen to recognize the petitioner (Reilly) as an assessor and commanding the respondent Alfred L. Coopersmith, who had been acting as assessor in Reilly's place, to cease from so acting. A majority of the board had voted to remove Reilly from office under G.L.c. 41, §...

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