KIRK, J.
The petitioner appeals from an order of the judge that his petition for a writ of mandamus be dismissed. The petitioner sought to compel the fire commissioner of the city of Boston (the commissioner) to restore him to his position as a permanent fire fighter in the civil service of the city. The case was submitted to the judge on the pleadings and a statement of agreed facts which we summarize.
On November 2, 1964, the commissioner gave notice in...
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