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DEL DUCA v. TOWN ADMINISTRATOR OF METHUEN

368 Mass. 1 (1975)

329 N.E.2d 748

ERNEST V. DEL DUCA vs. TOWN ADMINISTRATOR OF METHUEN & others (and a companion case).

Supreme Judicial Court of Massachusetts, Essex.

June 4, 1975.

Attorney(s) appearing for the Case

Michael P. Curran (Robert D. Smith with him) for the defendants.

George Karelitz for the plaintiffs.

Present: TAURO, C.J., REARDON, QUIRICO, HENNESSEY, & KAPLAN, JJ.

QUIRICO, J.

These are appeals by the defendants in two cases, consolidated for trial, from orders of a Superior Court judge that writs of mandamus2 issue reinstating the plaintiffs as members of the planning board of the town of Methuen. The judge filed a document entitled "Findings, Rulings and Order" in which he said that "[t]he cases, in effect, were submitted to me for decision as a case stated. G.L.c. 231, § 126."

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