MEMORANDUM AND ORDER ON DEFENDANTS' MOTION TO DISMISS AND MOTION TO VACATE THE PRELIMINARY INJUNCTION
STEARNS, District Judge.
On May 8, 1997, Christ Bouras, the Chief of Police for the Town of Danvers, turned sixty-five. On May 9, 1997, the Danvers Retirement Board notified Bouras that under Massachusetts law "no member in the occupation ... of uniformed member of a ... police department shall continue in service beyond the last day of the month in...
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