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KACZMARSKI v. MAYOR OF SPRINGFIELD

346 Mass. 432 (1963)

193 N.E.2d 574

JOHN J. KACZMARSKI vs. MAYOR OF SPRINGFIELD & another.

Supreme Judicial Court of Massachusetts, Hampden.

November 5, 1963.

Attorney(s) appearing for the Case

John J. O'Connor, Associate City Solicitor, for the respondents.

S. Thomas Martinelli for the petitioner.

Present: SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.

WHITTEMORE, J.

The mayor of Springfield and Leroy Clayborne have appealed from an order of the Superior Court which directs the issuance of a writ of mandamus to cancel and annual both the removal by the mayor of the petitioner as a member of the board of park commissioners and the mayor's appointment of Clayborne to that post. The removal and appointment occurred on March 15, 1962, without city council action.

The order is based on the ruling that G.L.c....

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