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BOSTON POLICE PATROLMEN'S ASSN. v. POLICE COMMR

4 Mass. App. Ct. 673 (1976)

357 N.E.2d 779

BOSTON POLICE PATROLMEN'S ASSOCIATION, INCORPORATED & others vs. POLICE COMMISSIONER OF BOSTON.

Appeals Court of Massachusetts, Suffolk.

December 3, 1976.

Attorney(s) appearing for the Case

Frank J. McGee & Vincent A. Harrington, Jr., for the plaintiffs.

Michael DeMarco, Special Assistant Corporation Counsel, for the defendant.

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

BROWN, J.

The Boston Police Patrolmen's Association, Incorporated, and eight member patrolmen appeal from the allowance of the defendant's motion for summary judgment pursuant to Mass.R.Civ.P. 56, 365 Mass. 824 (1974), entered on their amended complaint for declaratory and injunctive relief.

The dispute arose in 1975 when a police lieutenant, "acting for... and pursuant to the authority of the defendant,"...

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