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COSTA v. BOARD OF SELECTMEN OF BILLERICA

377 Mass. 853 (1979)

388 N.E.2d 696

RONALD COSTA & others vs. BOARD OF SELECTMEN OF BILLERICA.

Supreme Judicial Court of Massachusetts, Middlesex.

April 17, 1979.

Attorney(s) appearing for the Case

Edward J. Owens for the defendant.

Kevin P. Phillips (Frank J. McGee with him) for the plaintiffs.

D.M. Moschos & Linda R. Rodgers, Special Assistant City Solicitors, for the city of Worcester, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.

KAPLAN, J.

In November, 1974, the town of Billerica needed a fresh complement of twelve "permanent intermittent" police officers, that is, officers with tenured status but working only on such days as they might be called, and compensated accordingly. The board of selectmen (board) of the town, as appointing authority, applied to the Massachusetts Division of Personnel Administration for a list of eligibles, and from the...

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