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DWYER v. COMMISSIONER OF INSURANCE

375 Mass. 227 (1978)

376 N.E.2d 826

BARRY J. DWYER & others vs. COMMISSIONER OF INSURANCE & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 15, 1978.

Attorney(s) appearing for the Case

Jerry C. Effren & Richard J. Vita for the plaintiffs.

Mitchell J. Sikora, Jr., Assistant Attorney General, for the defendants.

Galen S. Gilbert, for the Civil Service Commission, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, WILKINS, & ABRAMS, JJ.

KAPLAN, J.

Forty-three examiners, employed in the Fraudulent Claims Board (FCB) of the Division of Insurance, were dismissed by the Commissioner of Insurance after hearings. They brought suit in the Superior Court against the Commissioner and others for an order of reinstatement with award of back pay. The suit can be read variously as a civil action in the nature of mandamus (G.L.c. 249, § 5), an appeal under the State Administrative Procedure Act (G.L.c. 30A...

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