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GALLAGHER v. CONTRIBUTORY RETIREMENT APPEAL BOARD

4 Mass. App. Ct. 1 (1976)

340 N.E.2d 905

MARY E. GALLAGHER vs. CONTRIBUTORY RETIREMENT APPEAL BOARD & another.

Appeals Court of Massachusetts, Suffolk.

January 9, 1976.

Attorney(s) appearing for the Case

Robert J. Muldoon, Jr. (Jeremiah F. Healy, III, with him) for the plaintiff.

Francis Glynn, Special Assistant City Solicitor (Christopher F. Connolly with him) for the Retirement Board of Medford, intervener.

Francis X. Bellotti, Attorney General, & Paul A. Good, Assistant Attorney General, for the Contributory Retirement Appeal Board, submitted a brief.

Present: HALE, C.J., ROSE, & GRANT, JJ.

GRANT, J.

The plaintiff, who is the widow of Mark E. Gallagher, Jr., has appealed from successive determinations of the Retirement Board of Medford (local board), the Contributory Retirement Appeal Board (appeal board) and the Superior Court which are adverse to her contention that the local board lacked authority to reduce the period of Mr. Gallagher's actual service to the city of Medford (city) to a lesser period in determining the amount of the yearly allowance...

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