BERGERON v. SUPERINTENDENT, WALTER E. FERNALD ST. SCH.


353 Mass. 331 (1967)

231 N.E.2d 379

RICHARD J. BERGERON vs. SUPERINTENDENT, WALTER E. FERNALD STATE SCHOOL.

Supreme Judicial Court of Massachusetts, Suffolk.

December 1, 1967.


Attorney(s) appearing for the Case

Howard M. Miller, Assistant Attorney General (Edward W. Hanley, III, Deputy Assistant Attorney General, with him), for the respondent.

Joseph P. McKay for the petitioner.

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


KIRK, J.

The sole question presented by the superintendent's appeal from the granting of a writ of mandamus under G.L.c. 31, § 46A, is whether the petitioner (Bergeron) was barred from seeking the writ by pursuing his administrative remedy under § 46A and § 43 (b), before the Civil Service Commission.

Bergeron had a permanent appointment as a plumber and steamfitter at the Fernald school. After Friday, September 24, 1965, he did not return to...

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