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SWEENEY v. ARLINGTON

346 Mass. 37 (1963)

190 N.E.2d 206

PHILIP A. SWEENEY vs. TOWN OF ARLINGTON & others.

Supreme Judicial Court of Massachusetts, Middlesex.

May 6, 1963.

Attorney(s) appearing for the Case

James R. Skahan for the plaintiff.

Joseph A. Purcell, Town Counsel, for the defendants.

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

REARDON, J.

This is a bill for declaratory relief under G.L.c. 231A in which the plaintiff seeks a determination of the amount of his annual retirement pay under G.L.c. 32, § 85E, subsection (a). There was a statement of agreed facts. The relevant facts may be summarized as follows:

The plaintiff was appointed a permanent reserve officer in the Arlington police department on April 16, 1934, and a regular patrolman...

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