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WILMARTH v. GEORGETOWN

No. 89-P-476.

28 Mass. App. Ct. 697 (1990)

555 N.E.2d 597

PAUL WILMARTH & another vs. TOWN OF GEORGETOWN & others.

Appeals Court of Massachusetts, Essex.

June 20, 1990.

Attorney(s) appearing for the Case

Arthur K. Ross, Jr. (Peter M. Ross with him) for the plaintiffs.

Joseph D. Regan for the defendants.

Present: PERRETTA, SMITH, & FINE, JJ.

FINE, J.

When they filed their complaint, Paul and Gretchen Wilmarth, a married couple, were both employed by the town of Georgetown, Paul as an unpaid member of the board of health, and Gretchen as a police sergeant. The issue we discuss is the sufficiency of their complaint against the defendants, the town of Georgetown and two of its selectmen, insofar as it alleges violations of their Federal constitutional right to procedural due process and their right to recover...

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