ROONEY v. YARMOUTH


410 Mass. 485 (1991)

573 N.E.2d 969

PAUL ROONEY vs. TOWN OF YARMOUTH & others.

Supreme Judicial Court of Massachusetts, Barnstable.

June 27, 1991.


Attorney(s) appearing for the Case

Theresa M. Dowdy for the plaintiff.

Leo J. Peloquin for the defendants.

Present: LIACOS, C.J., ABRAMS, NOLAN, LYNCH, & GREANEY, JJ.


GREANEY, J.

Claiming that he was deprived of salary benefits in violation of certain of his State and Federal statutory and constitutional rights, the plaintiff, Paul Rooney, a police officer, commenced this action for declaratory relief. The defendant, the town of Yarmouth, moved to dismiss, and both parties submitted affidavits. After a hearing (and treating the town's motion as one for summary judgment), a judge of the Superior Court allowed the town's motion and...

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