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GARDNER v. PEABODY

23 Mass. App. Ct. 168 (1986)

499 N.E.2d 1220

HARRY GARDNER vs. CITY OF PEABODY & others.

Appeals Court of Massachusetts, Essex.

November 14, 1986.

Attorney(s) appearing for the Case

Daniel B. Kulak, Assistant City Solicitor, for the defendants.

Paul A. Manoff for the plaintiff.

Present: GREANEY, C.J., CUTTER, & PERRETTA, JJ.

CUTTER, J.

This appeal presents two principal questions. The first is whether this case is within the holding in Wormstead v. Town Manager of Saugus, 366 Mass. 659 (1975). The second is whether the result is affected to any extent by the 1982 amendment of Mass.R.Civ.P. 53, as appearing in 386 Mass. 1237 (1982).

Gardner, a police officer of Peabody (the city...

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