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FIRE COMMISSIONER OF BOSTON v. JOSEPH

23 Mass. App. Ct. 76 (1986)

498 N.E.2d 1368

FIRE COMMISSIONER OF BOSTON vs. MICHAEL A. JOSEPH & another.

Appeals Court of Massachusetts, Suffolk.

October 30, 1986.

Attorney(s) appearing for the Case

Rosemary Ford (Thomas E. Finnerty with her) for Michael A. Joseph.

Janet M. Robitaille, Special Assistant Corporation Counsel, for the plaintiff.

Present: PERRETTA, KAPLAN, & WARNER, JJ.

PERRETTA, J.

On April 10, 1978, a building located on Washington Street in the West Roxbury section of Boston was destroyed by fire. After investigation, an indictment was brought against fire fighter Michael A. Joseph, charging him with involvement in the fire. Although Joseph was acquitted on the indictment, the fire commissioner concluded, after a hearing under G.L.c. 31, § 41, that Joseph did "aid, counsel and procure the burning of a building" and ordered...

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