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FLOMENBAUM v. COMMONWEALTH

SJC-10146

451 Mass. 740 (2008)

MARK FLOMENBAUM vs. COMMONWEALTH & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 9, 2008.

Attorney(s) appearing for the Case

Thomas R. Kiley (Garrick Cole with him) for the plaintiff.

Thomas A. Barnico, Assistant Attorney General (James A. Sweeney, Assistant Attorney General, with him) for the defendants.

Stephen V. Miller, for National Association of Medical Examiners, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

GREANEY, J.

The plaintiff, Dr. Mark Flomenbaum, challenges the decision of Governor Deval L. Patrick to remove him from office as chief medical examiner of the Commonwealth, effective August 1, 2007. In an amended complaint filed in the Superior Court against the Commonwealth, the Governor, and the Secretary of Public Safety (Secretary) (together, the Commonwealth), the plaintiff sought damages for breach of contract (counts...

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