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NORFOLK CTY. RETIRE v. CONTRIBUTORY RETIREMENT

15 Mass. App. Ct. 683 (1983)

448 N.E.2d 75

NORFOLK COUNTY RETIREMENT BOARD vs. CONTRIBUTORY RETIREMENT APPEAL BOARD; GLADYS BUTEAU, intervener.

Appeals Court of Massachusetts, Suffolk.

April 22, 1983.

Attorney(s) appearing for the Case

Susan J. Baronoff (James R. DeGiacomo with her) for the plaintiff.

Edward J. Quinlan, Assistant Attorney General, for the defendant.

John A. O'Leary for the intervener.

Present: GRANT, KAPLAN, & WARNER, JJ.

WARNER, J.

On this appeal it is undisputed that Robert Buteau, a Westwood fire department lieutenant, died as a result of an injury, a heart attack, sustained while in the performance of his duties at the scene of an emergency during which he administered first aid to a choking infant. See Buteau v. Norfolk County Retirement Bd., 8 Mass.App.Ct. 391 (1979) (a prior action dismissed on procedural grounds)....

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