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LoPIANO v. CIVIL SERVICE COMMISSION

361 Mass. 82 (1972)

279 N.E.2d 338

SAMUEL M. LoPIANO vs. CIVIL SERVICE COMMISSION & others.

Supreme Judicial Court of Massachusetts, Essex.

February 7, 1972.

Attorney(s) appearing for the Case

Salvatore J. Basile (Stephen F. LoPiano, Jr., with him) for the petitioner.

Charles M. Furcolo, Deputy Assistant Attorney General (Walter H. Mayo, III, Assistant Attorney General, with him) for the respondents.

Max Nicholson for Josephy Tylus & another, amici curiae.

Present: CUTTER, QUIRICO, BRAUCHER, & HENNESSEY, JJ.

BRAUCHER, J.

This is a petition for a writ of certiorari brought against the Civil Service Commission (the commission) to quash a decision establishing an eligible list for promotion to police captain in the city of Lawrence. The petitioner, a police lieutenant in the city, appeals from an order of a judge of the Superior Court sustaining a demurrer to the petition without leave to amend. Counsel for the two police officers...

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