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ATKINSON v. IPSWICH

No. 92-P-1085.

34 Mass. App. Ct. 663 (1993)

615 N.E.2d 200

WEYMOUTH M. ATKINSON, JR., & others vs. TOWN OF IPSWICH.

Appeals Court of Massachusetts, Essex.

June 25, 1993.

Attorney(s) appearing for the Case

Peter M. Ross for the plaintiffs.

Charles C. Dalton for the defendant.

Present: BROWN, KASS, & LAURENCE, JJ.

KASS, J.

As presented in the briefs and oral argument of the parties, the controversy is about whether the town manager or the fire chief is top dog of the Ipswich fire department.2 Sixteen inhabitants of the town who identify themselves as firemen or call firemen3 filed a complaint asking a declaration under G.L.c. 231A, § 1, that the fire department is under the control of the fire chief pursuant to...

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