ROSSI v. SCHOOL COMMITTEE OF EVERETT


354 Mass. 461 (1968)

237 N.E.2d 680

FRANK K. ROSSI vs. SCHOOL COMMITTEE OF EVERETT & another.

Supreme Judicial Court of Massachusetts, Middlesex.

June 7, 1968.


Attorney(s) appearing for the Case

John P. Forte for the petitioner.

Alfred Levenson for the School Committee of Everett.

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


KIRK, J.

Rossi appeals from the dismissal of his petition for a writ of mandamus to compel the school committee of Everett (the committee) to reinstate him to his position as Permanent Junior Building Custodian and to compel the city treasurer to pay him back wages from September 5, 1964.

The case was heard and decided by a judge of the Superior Court on the petition, the answers and a statement of agreed facts which, in summary, disclose the following. After...

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