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MONTAGUE v. COMMR. OF THE METRO. DISTRICT COMM.

9 Mass. App. Ct. 62 (1980)

399 N.E.2d 504

FRANCIS E. MONTAGUE vs. COMMISSIONER OF THE METROPOLITAN DISTRICT COMMISSION & others.

Appeals Court of Massachusetts, Suffolk.

January 17, 1980.

Attorney(s) appearing for the Case

Catherine A. White, Assistant Attorney General, for the defendants.

Gabriel O. Dumont, Jr., for the plaintiff.

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

HALE, C.J.

The defendants have appealed from a summary judgment rendered in favor of the plaintiff, a former Metropolitan District police officer, in this action for declaratory judgment. G.L.c. 231A.

On February 19, 1977, the plaintiff was injured in the performance of his duty as a police officer. On the following day he applied to the Metropolitan District Police Line of Duty Board (L.O.D. Board) to be placed on line-of-duty

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