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McLEAN v. MEDFORD

340 Mass. 613 (1960)

166 N.E.2d 219

MARGARET D. McLEAN vs. CITY OF MEDFORD.

Supreme Judicial Court of Massachusetts, Middlesex.

March 31, 1960.

Attorney(s) appearing for the Case

Mark E. Gallagher, Jr., City Solicitor, (Daniel F. Riley, Assistant City Solicitor, with him,) for the defendant.

Edward J. Bushell, for the plaintiff.

Present: WILKINS, C.J., WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.

WHITTEMORE, J.

In this action of contract tried by a judge in the Superior Court on an auditor's report, the widow of a retired police officer of the city of Medford, who died June 5, 1954, seeks to recover as damages for the wrongful refusal to award an annuity, with dependent's allowance, under G.L.c. 32, § 89A,1 the amount which would have been due from January 7 to March 11, 1958, based on an

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