ALVAN STRIPINIS vs. WHITMAN-HANSON REGIONAL DISTRICT SCHOOL COMMITTEE.

ALVAN STRIPINIS vs. WHITMAN-HANSON REGIONAL DISTRICT SCHOOL COMMITTEE.

6 Mass. App. Ct. 853

March 2, 1978

We view this matter, as we must, as an action under G. L. c. 71, Section 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

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

Appeal dismissed.