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HUTCHESON v. DIRECTOR OF CIVIL SERVICE

361 Mass. 480 (1972)

281 N.E.2d 53

BELLENDEN R. HUTCHESON vs. DIRECTOR OF CIVIL SERVICE & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 31, 1972.

Attorney(s) appearing for the Case

Joel Z. Eigerman for the plaintiff.

Terrence P. O'Malley, Assistant Attorney General

(Walter H. Mayo, III, Assistant Attorney General, with him) for the Director of Civil Service & another.

Present: TAURO, C.J., CUTTER, SPIEGEL, REARDON, QUIRICO, BRAUCHER, & HENNESSEY, JJ.

BRAUCHER, J.

Dr. Hutcheson seeks declaratory relief against the Director of Civil Service (the director), the commissioner of the Department of Mental Health (the commissioner) and Dr. Klebanoff to determine whether the commissioner is compelled by G.L.c. 31, § 23, as amended, to appoint Dr. Klebanoff to the office of assistant commissioner for children's services, in preference to Dr. Hutcheson. A judge of the Superior Court has reserved and reported the case...

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