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BERLO v. CITY OF BOSTON

No. 09-P-1930.

78 Mass. App. Ct. 111 (2010)

JAMES L. BERLO, JR. v. CITY OF BOSTON.

Appeals Court of Massachusetts, Suffolk.

October 15, 2010.

Attorney(s) appearing for the Case

Thomas F. Feeney for the plaintiff.

Evan C. Ouellette , Assistant Corporation Counsel, for the defendant.

Present: COHEN, GRAINGER, & MEADE, JJ.

GRAINGER, J.

On March 12, 2007, the plaintiff, a captain in the city of Boston's fire department (department), tested positive for a narcotic on a random drug test administered by the department. He appeals from the dismissal by a judge of the Superior Court of his amended complaint, which sought review of a decision issued by the department's hearing board (board) confirming the imposition of a month's suspension by the department. The plaintiff contends that the...

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