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RETIREMENT BD. OF ATTLEBORO v. SCH. COMM. OF ATTLEBORO

417 Mass. 24 (1994)

627 N.E.2d 899

RETIREMENT BOARD OF ATTLEBORO & another vs. SCHOOL COMMITTEE OF ATTLEBORO & another.

Supreme Judicial Court of Massachusetts, Bristol.

February 8, 1994.

Attorney(s) appearing for the Case

John P. Lee, City Solicitor, for the defendants.

James H. Quirk, Jr., for Retirement Board of Attleboro & another.

Sandra C. Quinn for Paul J. Bellavance.

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

WILKINS, J.

The Attleboro retirement board and Paul J. Bellavance, a demoted employee of the Attleboro school department, brought this action seeking a declaration that the defendants had unlawfully denied Bellavance procedural rights to which they assert he is entitled under G.L.c. 32, § 16 (2) (1992 ed.).

Section 16 (2) provides that the "removal or discharge" of public employees in certain classifications...

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