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TEED v. RANDOLPH

347 Mass. 652 (1964)

199 N.E.2d 683

FRANK TEED vs. TOWN OF RANDOLPH & others.

Supreme Judicial Court of Massachusetts, Norfolk.

June 19, 1964.

Attorney(s) appearing for the Case

Russell S. Riley & Charles George, for the plaintiff, submitted a brief.

William J. Carr, Town Counsel, for the defendants.

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

WHITTEMORE, J.

The plaintiff has appealed from the final decree on his bill for declaratory relief. The declaration sought was that the plaintiff was entitled "to hold the office of [and to be paid as] full-time assessor" of the town notwithstanding a vote of the board of assessors on December 4, 1962, by which "his service as full-time assessor was terminated" on December 9. The final decree ruled that from and after October 23, 1962,1

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