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BARRETT v. POLICE COMMISSIONER OF BOSTON

347 Mass. 298 (1964)

197 N.E.2d 696

JAMES T. BARRETT, JR., vs. POLICE COMMISSIONER OF BOSTON.

Supreme Judicial Court of Massachusetts, Suffolk.

April 10, 1964.

Attorney(s) appearing for the Case

William H. Kerr for the respondent.

John F. McCarthy, Jr., for the petitioner.

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

SPIEGEL, J.

This is an appeal from an order of a judge of the Superior Court that a writ of mandamus issue restoring the petitioner to the position of sergeant in the Boston police department without loss of compensation in accordance with a decision of the Boston Retirement Board (Retirement Board). The petition was heard on a case stated.

The petitioner was appointed a police officer of the city of Boston on April 2, 1937, with the rank of patrolman. On...

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