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BOARD OF SELECTMEN, DARTMOUTH v. THIRD DISTRICT COURT

359 Mass. 400 (1971)

269 N.E.2d 449

BOARD OF SELECTMEN OF DARTMOUTH vs. THIRD DISTRICT COURT OF BRISTOL & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 30, 1971.

Attorney(s) appearing for the Case

Leonard E. Perry, Town Counsel (James M. Cronin with him) for the petitioner.

Paul J. Kilgarriff, Assistant Attorney General, for the Civil Service Commission.

Edward J. Harrington, Jr., for Maurice A. Stebenne, submitted a brief.

Chris Byron, Special Assistant Attorney General, for the Third District Court of Bristol, submitted a brief.

Present: TAURO, C.J., SPALDING, SPIEGEL, REARDON, & BRAUCHER, JJ.

SPIEGEL, J.

This is a petition for a writ of certiorari brought by the board of selectmen of the town of Dartmouth (board) against the Third District Court of Bristol and against the respondent Maurice A. Stebenne to set aside the findings and decision of a judge of that court regarding the removal from office of Stebenne, a sergeant in the police force of the town. Stebenne filed a demurrer1 and an answer2

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