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TIERNEY v. MAYOR OF BOSTON

10 Mass. App. Ct. 404 (1980)

408 N.E.2d 659

JOSEPH M. TIERNEY & others vs. MAYOR OF BOSTON & others.

Appeals Court of Massachusetts, Suffolk.

August 15, 1980.

Attorney(s) appearing for the Case

Charles F. Choate (Eric W. Wodlinger with him) for the plaintiffs.

William J. Smith, Assistant Corporation Counsel (Arlene S. LaPenta, Assistant Corporation Counsel, with him) for the defendants.

Present: GREANEY, PERRETTA, & DREBEN, JJ.

PERRETTA, J.

Pursuant to G.L.c. 214, § 1, c. 231A, § 1, and c. 40, § 53, the plaintiffs brought an action in the Superior Court seeking declaratory and injunctive relief against the defendants. The plaintiffs allege that the mayor is acting in violation of pertinent portions of a 1979 ordinance by employing more than thirty non-civil service employees in his office and by paying them salaries in excess of

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