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Stripinis v. Whitman-Hanson Reg. Schl. Comm

Appeals Court of Massachusetts
Mar 2, 1978
373 N.E.2d 233 (Mass. App. Ct. 1978)

Opinion

March 2, 1978.

Jeffrey M. Freedman for the plaintiff.

James A. Toomey for the defendant.


We view this matter, as we must, as an action under G.L.c. 71, § 43A, as appearing in St. 1975, c. 337. If the judge erred in dismissing the plaintiff's action pursuant to Mass. R.Civ.P. 12(b), 365 Mass. 755-756 (1974), review of the ensuing judgment may not be had by way of appeal. MacKenzie v. School Comm. of Ipswich, 342 Mass. 612, 613-614 (1961), and cases cited. The proper method of raising the issues which the plaintiff has attempted to argue in this court is discussed in Dixon v. School Comm. of Framingham, 5 Mass. App. Ct. 857 (1977).

Appeal dismissed.


Summaries of

Stripinis v. Whitman-Hanson Reg. Schl. Comm

Appeals Court of Massachusetts
Mar 2, 1978
373 N.E.2d 233 (Mass. App. Ct. 1978)
Case details for

Stripinis v. Whitman-Hanson Reg. Schl. Comm

Case Details

Full title:ALVAN STRIPINIS vs. WHITMAN-HANSON REGIONAL DISTRICT SCHOOL COMMITTEE

Court:Appeals Court of Massachusetts

Date published: Mar 2, 1978

Citations

373 N.E.2d 233 (Mass. App. Ct. 1978)
373 N.E.2d 233