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COMMISSIONER OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING v. DUGAN

428 Mass. 138 (1998)

COMMISSIONER OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING & another v. JANET ROWE DUGAN.

Supreme Judicial Court of Massachusetts, Suffolk.

August 5, 1998.

Attorney(s) appearing for the Case

Mary E. Murphy-Hensley, Assistant Attorney General, for the plaintiffs.

Andrew Kisseloff for the defendant.

Present: (Sitting at Pittsfield): WILKINS, C.J., ABRAMS, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

IRELAND, J.

The central issue of this appeal is whether the factual findings adopted by this court in Matter of Dugan, 416 Mass. 461 (1993) (Dugan I), concerning the removal of the defendant, Janet Rowe Dugan, from her position as clerk-magistrate of the Northampton District Court (trial court) preclude her from contesting that she had committed deliberate misconduct in wilful disregard of her employer's interest in...

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