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KELLEY v. CONTRIBUTORY RETIREMENT APPEAL BOARD

341 Mass. 611 (1961)

171 N.E.2d 277

ANNA L. KELLEY vs. CONTRIBUTORY RETIREMENT APPEAL BOARD.

Supreme Judicial Court of Massachusetts, Suffolk.

January 6, 1961.

Attorney(s) appearing for the Case

William H. Kerr, for Boston Retirement Board, intervener.

Vincent J. Cosgrove, for the petitioner.

Herbert E. Tucker, Jr., Assistant Attorney General, (Pasquale J. Piscitelli with him,) for the respondent Contributory Retirement Appeal Board.

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

WHITTEMORE, J.

The Contributory Retirement Appeal Board, after hearing, on motion of the Boston Retirement Board (intervener and appellant), dismissed the appeal of the petitioner under G.L.c. 32, § 16, from the decision of the Boston Retirement Board on December 28, 1956, denying her application for accidental disability retirement. The ground for dismissing the appeal was that, as was established at the hearing, a medical panel had not certified that the disability...

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