Legal Opinion

Gildea v. Ellershaw

Massachusetts Supreme Judicial Court

Decided July 9, 1973PublishedCited by 64 opinions

1Opinion of the CourtQuirico, J.

This is an action of tort in which the plaintiff, the former city manager of the city of Brock-ton, seeks to recover damages from five former members of the Brockton city council (defendants) for their alleged wrongful and unlawful action in attempting to remove him from his office as city manager. The case was tried to a jury who returned a verdict for the plaintiff on count 13 and it is now before us on the defendants’ bill of exceptions limited to this count of the plaintiff’s declaration. 2

Count 13 alleges in substance that in April, 1961, when the plaintiff was the city manager of the…

2Cases cited41 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Bradley v. FisherSupreme Court of the United States · 1872
  3. Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
  4. Barr v. MatteoSupreme Court of the United States · 1959
  5. Rosenbloom v. Metromedia, Inc.Supreme Court of the United States · 1971

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3Cited by64 opinions

  1. Hector Santiago v. Paul J. Fenton, Etc.Court of Appeals for the First Circuit · 1989
  2. Irwin v. Town of WareMassachusetts Supreme Judicial Court · 1984
  3. Whitney v. City of WorcesterMassachusetts Supreme Judicial Court · 1977
  4. Diaz v. Eli Lilly & Co.Massachusetts Supreme Judicial Court · 1973
  5. Scarpaci v. Milwaukee CountyWisconsin Supreme Court · 1980

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