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WEINBURGH v. CIVIL SERVICE COMMISSION

No. 07-P-1692.

72 Mass. App. Ct. 535 (2008)

PAUL WEINBURGH v. CIVIL SERVICE COMMISSION & another.

Appeals Court of Massachusetts, Suffolk.

September 4, 2008.

Attorney(s) appearing for the Case

William W. Porter, Assistant Attorney General, for Civil Service Commission.

Timothy M. Burke (Jordan E. Burke with him) for the plaintiff.

Present: McHUGH, DREBEN, & MILLS, JJ.

MILLS, J.

In this case, we consider the proper construction of G. L. c. 31, § 59, as appearing in St. 1989, c. 174, which governs the promotional examination process for municipal police officers and fire fighters, and states, in relevant part:

"An examination for a promotional appointment to any title in a police or fire force shall be open only to permanent employees in the next lower title in such...

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