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LOWER v. NORTH MIDDLESEX REGIONAL SCHOOL COMM.

8 Mass. App. Ct. 536 (1979)

395 N.E.2d 1310

CLYDE G. LOWER vs. NORTH MIDDLESEX REGIONAL SCHOOL COMMITTEE.

Appeals Court of Massachusetts, Middlesex.

October 30, 1979.

Attorney(s) appearing for the Case

Jeffrey M. Freedman for the plaintiff.

Leonard M. Frisoli, Jr., for the defendant.

Present: GRANT, BROWN, & DREBEN, JJ.

DREBEN, J.

The sole issue presented by this appeal is whether, on the evidence presented to the trial judge, the action of the school committee (committee) was "justifiable" when it discharged the plaintiff, a tenured music teacher. The following facts were found by the judge after hearing the cause de novo pursuant to G.L.c. 71, § 43A (as amended by St. 1977, c. 671),1 or have been found by us from undisputed testimony at trial....

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