MUIR v. LEOMINSTER


2 Mass. App. Ct. 587 (1974)

317 N.E.2d 212

HERBERT J. MUIR & others vs. CITY OF LEOMINSTER & others.

Appeals Court of Massachusetts, Worcester.

October 8, 1974.


Attorney(s) appearing for the Case

Thomas B. Arnold for the petitioners.

Joseph Pellegrini, Assistant City Solicitor, for the city of Leominster.

Gregory J. Angelini for Clarence E. Gagne & others.

Present: HALE, C.J., GRANT, & ARMSTRONG, JJ.


HALE, C.J.

This is a petition for a writ of mandamus brought by residents of Leominster against the city of Leominster (city), its mayor, the members of its council (council), and Clarence E. and Doris Gagne (Gagne). Following a trial a judge of the Superior Court made findings of fact and ordered the petition dismissed. The petitioners appealed from that order. The case is before us with a transcript of all the testimony and the exhibits which were before the court...

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