Massachusetts Appeals Court, 1978

Stripinis v. Whitman-Hanson Regional District School Committee

Massachusetts Appeals Court · Decided March 2, 1978

6 Mass. App. Ct. 853; 372 N.E.2d 1313; 1978 Mass. App. LEXIS 687

Cases that cite this one

1 later published case cites this decision.

Stripinis v. Whitman-Hanson Regional District School Committee (Mass. App. Ct. 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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 *854in this court is discussed in Dixon v. School Comm. of Framingham, 5 Mass. App. Ct. 857 (1977).

Jeffrey M. Freedman for the plaintiff. James A. Toomey for the defendant.

Appeal dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.