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BURNSIDE v. BRISTOL COUNTY BOARD OF RETIREMENT

352 Mass. 481 (1967)

226 N.E.2d 934

ARCHIBALD J. BURNSIDE vs. BRISTOL COUNTY BOARD OF RETIREMENT.

Supreme Judicial Court of Massachusetts, Bristol.

May 1, 1967.

Attorney(s) appearing for the Case

Donald J. Fleming for the plaintiff.

William J. Fenton for the defendant.

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

SPIEGEL, J.

This is a bill to enjoin the defendant from terminating the plaintiff's employment. The case was heard on a statement of agreed facts. A final decree was entered dismissing the bill from which the plaintiff appealed.

The plaintiff was born on June 25, 1894, and was appointed a deputy sheriff on January 4, 1939, for a period of six years. He was reappointed to that position every six years until May 4, 1961, at which time he was appointed a

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