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HOBAN v. BOSTON RETIREMENT BOARD

355 Mass. 681 (1969)

246 N.E.2d 814

JOHN R. HOBAN vs. BOSTON RETIREMENT BOARD.

Supreme Judicial Court of Massachusetts, Suffolk.

April 15, 1969.

Attorney(s) appearing for the Case

William H. Kerr for the defendant.

Charles E. Colson for the plaintiff.

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

REARDON, J.

The plaintiff brought his bill under G.L.c. 231A, alleging that he was entitled to retirement under G.L.c. 32, § 58, as amended through St. 1965, c. 498, § 3,1 in the grade of master of the House of Correction for Suffolk County. The plaintiff and the defendant stipulated that the cause might be determined on the facts stated in the pleadings, as being all the material ultimate...

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