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COMMISSIONERS OF CIVIL SERV. v. THIRD DIST. CT.

2 Mass. App. Ct. 89 (1974)

308 N.E.2d 788

COMMISSIONERS OF CIVIL SERVICE & another vs. THIRD DISTRICT COURT OF EASTERN MIDDLESEX & another.

Appeals Court of Massachusetts, Suffolk.

March 26, 1974.

Attorney(s) appearing for the Case

Edward D. Kalman, Assistant Attorney General, for the Commissioners of Civil Service & another.

William Goldberg, Special Assistant Attorney General, for the Third District Court of Eastern Middlesex.

James A. McAvoy, Jr. (David E. Guthro with him) for David A. O'Leary.

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

HALE, C.J.

This is a petition under G.L.c. 249, § 4, for a writ of certiorari to quash a decision of a judge of a District Court which set aside and reversed a decision of the Civil Service Commission (Commission). The respondent O'Leary filed a demurrer and an answer to the petition. The petition was originally filed in the Supreme Judicial Court and was transferred to this court (G.L.c. 211, § 4A, and Rule 2:01 of the Appeals Court, 1 Mass.App.Ct. 896...

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