CUSHING v. FIRE COMMISSIONER OF BROOKLINE


345 Mass. 418 (1963)

187 N.E.2d 804

ARTHUR E. CUSHING vs. FIRE COMMISSIONER OF BROOKLINE.

Supreme Judicial Court of Massachusetts, Norfolk.

February 6, 1963.


Attorney(s) appearing for the Case

Joseph J. Hurley (Henry P. Crowley with him) for the plaintiff.

Daniel G. Rollins (Phillip Cowin, Town Counsel, with him) for the defendant.

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


SPIEGEL, J.

This is a bill in equity brought under G.L.c. 231A for a "declaration as to the employment status of the plaintiff relative to the Fire Department of the Town of Brookline." The facts have been agreed and a judge of the Superior Court reported the case without decision.

The defendant, as fire commissioner of the town of Brookline, is the appointing authority for the Brookline fire department. In 1950, the plaintiff was appointed to the position...

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