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UPSHAW v. McNAMARA

No. 7652.

435 F.2d 1188 (1970)

Solomon J. UPSHAW, Plaintiff, Appellant, v. Edmund L. McNAMARA, Commissioner of Police for the City of Boston, Massachusetts, Defendant, Appellee.

United States Court of Appeals, First Circuit.

December 18, 1970.

Attorney(s) appearing for the Case

Frederick L. Brown, Boston, Mass., with whom Owens, Dilday & Brown, Boston, Mass., was on brief, for appellant.

John A. Fiske, Boston, Mass., for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

Appellant was convicted of a felony and subsequently given a full pardon by the state of Massachusetts. In 1967, he sought appointment to the Boston Police Department. His score on the civil service examination was sixth best of all the applicants for the 56 positions, and he indicated that he would accept an appointment if one were forthcoming. He was told to await notification of his appointment from the Commissioner of Police for the City...

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