PLANTE v. MEDFORD


352 Mass. 190 (1967)

224 N.E.2d 208

JOHN E.P. PLANTE vs. CITY OF MEDFORD & another.

Supreme Judicial Court of Massachusetts, Middlesex.

March 7, 1967.


Attorney(s) appearing for the Case

Robert D. O'Leary for the plaintiff.

Robert J. Blumsack, Assistant City Solicitor, for the City of Medford.

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


CUTTER, J.

Plante, formerly acting chief of the Medford fire department, seeks declaratory relief against the city and the city manager to determine whether, in the circumstances mentioned below, he is entitled to a retirement allowance of $5,135, which amounts to sixty-five per cent of the chief's annual compensation at the time of Plante's retirement. The trial judge made findings (adopted as a report of material facts) and concluded that Plante's retirement allowance...

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