SULLIVAN v. BELMONT


7 Mass. App. Ct. 214 (1979)

386 N.E.2d 1288

LEO F. SULLIVAN vs. TOWN OF BELMONT.

Appeals Court of Massachusetts, Middlesex.

March 19, 1979.


Attorney(s) appearing for the Case

Sanford A. Kowal for the plaintiff.

Thomas J. Urbelis for the defendant.

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


GRANT, J.

This is an action brought by a firefighter in the town of Belmont who seeks a declaratory judgment to the effect that he is entitled to have the question whether he is "permanently incapacitated" within the meaning and for the purposes of G.L.c. 32, § 7(1) (as amended through St. 1967, c. 826, § 12), determined by an arbitrator selected and acting under the grievance provisions of a collective bargaining agreement rather than by the Contributory...

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