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WAKEFIELD CONTRIBUTORY RETIRE. v. CONTRIBUTORY RETIRE.

352 Mass. 499 (1967)

226 N.E.2d 245

WAKEFIELD CONTRIBUTORY RETIREMENT BOARD vs. CONTRIBUTORY RETIREMENT APPEAL BOARD.

Supreme Judicial Court of Massachusetts, Middlesex.

May 2, 1967.

Attorney(s) appearing for the Case

Francis C. McGrath, Town Counsel, for the petitioner.

Lillian C. Levine for James F. Hurton (Herbert E. Tucker, Jr., Assistant Attorney General, for Contributory Retirement Appeal Board, with her).

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

KIRK, J.

The Wakefield contributory retirement board (the local board) appeals from a decree of the Superior Court affirming, after review under G.L.c. 30A, § 14, the decision of the contributory retirement appeal board (the appeal board) (G.L.c. 32, § 16 [4]) which set aside the local board's decision and ordered the payment of retirement benefits for total and permanent disability under G.L.c. 32, § 7, to James F. Hurton, the intervener, a call fireman...

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