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MASTRANGELO v. BOARD OF HEALTH OF WATERTOWN

340 Mass. 491 (1960)

165 N.E.2d 103

LOUIS MASTRANGELO vs. BOARD OF HEALTH OF WATERTOWN.

Supreme Judicial Court of Massachusetts, Middlesex.

March 8, 1960.

Attorney(s) appearing for the Case

James C. Gahan, Jr., (Paul A. Kelley with him,) for the petitioner.

Thomas C. Menton, for the respondent.

Robert J. Glennon, for the intervener.

Present: WILKINS, C.J., WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.

WHITTEMORE, J.

The judge in the Superior Court rightly ordered the entry of final judgment dismissing the petition for a writ of mandamus. The petitioner's claim to the office of public health physician of the town of Watertown depends on the vote of the board of health on February 26, 1956, to appoint the petitioner to the position. When that vote was taken, the petitioner was a member of the board. General Laws c. 41, § 4A, as amended by St. 1951, c. 6, provides...

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