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BOSTON RETIREMENT BOARD v. McCORMICK

345 Mass. 692 (1963)

189 N.E.2d 204

BOSTON RETIREMENT BOARD vs. CAROLYN McCORMICK.

Supreme Judicial Court of Massachusetts, Suffolk.

April 2, 1963.

Attorney(s) appearing for the Case

William H. Kerr for the plaintiff.

Laurence S. Locke for the defendant.

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

CUTTER, J.

The board seeks declaratory relief. The parties have agreed that the facts alleged in the bill are all the material facts and that inferences may be drawn as if the bill were a case stated. The case has been reported without decision. Mrs. McCormick became a thirty-hour-a-week floor-duty nurse in the Boston hospital department and a member of the Boston retirement system, effective June 2, 1954. See G.L.c. 32, §§ 1-28; St. 1947, c. 520. She

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