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SESKEVICH v. CITY CLERK OF WORCESTER

353 Mass. 354 (1967)

231 N.E.2d 376

ANTHONY M. SESKEVICH vs. CITY CLERK OF WORCESTER & others.

Supreme Judicial Court of Massachusetts, Worcester.

December 4, 1967.

Attorney(s) appearing for the Case

Richard J. Sarapas for the plaintiff.

Henry P. Grady, Assistant City Solicitor, for the defendants.

Edward W. Hanley, III, Deputy Assistant Attorney General (Howard M. Miller, Assistant Attorney General with him), for the Director of Civil Service & another.

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

WHITTEMORE, J.

The plaintiff, Seskevich, sought a declaration under G.L.c. 231A that he is entitled to be appointed first assistant city clerk of the city of Worcester. In the Superior Court the demurrer of certain defendants, that is, the members of the city council, the city treasurer, the city clerk and Thomas F. Donahue, was sustained. Also there was allowed a "motion to dismiss" filed by the defendant members of the...

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