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TUPER v. NORTH ADAMS AMBULANCE SERVICE, INC.

428 Mass. 132 (1998)

DENNIS TUPER v. NORTH ADAMS AMBULANCE SERVICE, INC.

Supreme Judicial Court of Massachusetts, Berkshire.

August 5, 1998.

Attorney(s) appearing for the Case

Peter C. Alessio (Richard I. Isacoff with him) for the plaintiff.

John B. Stewart for the defendant.

Scott Harshbarger, Attorney General, & Neil Sherring, Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

Present: (SITTING AT PITTSFIELD): WILKINS, C.J., ABRAMS, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

IRELAND, J.

In this case of first impression, the principal issue on appeal is whether collateral estoppel principles permit a discharged employee, who was awarded unemployment compensation benefits in an administrative decision by the Department of Employment and Training (department), to use that decision offensively against his former employer in a subsequent civil action for wrongful termination. After a hearing on pretrial...

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