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OSETEK v. CHICOPEE

370 Mass. 110 (1976)

345 N.E.2d 897

EDWARD OSETEK vs. CITY OF CHICOPEE & others.

Supreme Judicial Court of Massachusetts, Hampden.

April 8, 1976.

Attorney(s) appearing for the Case

S. Thomas Martinelli for the plaintiff.

Michael J. Murphy, Assistant City Solicitor, for the city of Chicopee & others, submitted a brief.

Present: HENNESSEY, C.J., REARDON, QUIRICO, BRAUCHER, & WILKINS, JJ.

BRAUCHER, J.

The plaintiff has been a school teacher in the city of Chicopee since 1967, and was elected an alderman in 1973. We are asked to decide whether he can receive compensation for both positions. Following our decision in Callahan v. Malden, 349 Mass. 773 (1965), we hold that such dual compensation is forbidden by G.L.c. 39, § 6A, as appearing in St. 1958, c. 72, § 1.1 We also hold that there is no violation...

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