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SOUTH HADLEY v. DIRECTOR OF THE DIVISION OF EMP. SEC.

389 Mass. 399 (1983)

450 N.E.2d 596

TOWN OF SOUTH HADLEY & another vs. DIRECTOR OF THE DIVISION OF EMPLOYMENT SECURITY & another.

Supreme Judicial Court of Massachusetts, Hampshire.

June 9, 1983.

Attorney(s) appearing for the Case

Albert R. Mason for the plaintiffs.

Ann Clarke for Lynn S. Fitzgerald.

George J. Mahanna, Assistant Attorney General, for Director of the Division of Employment Security, was present but did not argue.

Present HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & O'CONNOR, JJ.

WILKINS, J.

In the spring of 1981, the South Hadley school committee gave notice of Lynn S. Fitzgerald, a tenured teacher, that she was laid off, effective September 1, 1981, because of a reduction in the town's budget. A judge of the Hampshire Division of the District Court Department affirmed a decision of the Division of Employment Security concluding that Fitzgerald was entitled to unemployment compensation, if otherwise eligible, from

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