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BOARD OF EDUCATION v. ASSESSOR OF WORCESTER

368 Mass. 511 (1975)

333 N.E.2d 450

BOARD OF EDUCATION & others vs. ASSESSOR OF WORCESTER & others.

Supreme Judicial Court of Massachusetts, Suffolk.

August 18, 1975.

Attorney(s) appearing for the Case

Robert M. Bonin, Assistant Attorney General, for the Board of Education & others.

Richard W. Murphy for the School Committee of Worcester.

James A. Brett, Assistant City Solicitor, for the Assessor of Worcester & others.

Jeffrey M. Freedman, for Massachusetts Teachers Association & another, amici curiae, submitted a brief.

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

TAURO, C.J.

This is an action for declaratory relief brought pursuant to G.L.c. 231A wherein the Board of Education (board) seeks to have the obligations of the treasurer and assessor of Worcester declared with regard to monies appropriated by St. 1974, c. 431, §§ 2 and 24, for special education programs.3 The board also seeks an order compelling the city to furnish certain monies so appropriated to the treasurer to be held as...

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