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CARDELLICCHIO v. BOARD OF RETIREMENT OF NATICK

391 Mass. 760 (1984)

463 N.E.2d 1174

JERRY V. CARDELLICCHIO vs. BOARD OF RETIREMENT OF NATICK.

Supreme Judicial Court of Massachusetts, Middlesex.

May 3, 1984.

Attorney(s) appearing for the Case

Paul J. Sulla, Jr., for the plaintiff.

J.J. DiGeronimo for the defendant.

Robert J. Muldoon, Jr., Paul R. Gupta & Constance M. Hilton, for Massachusetts Teachers Association, amicus curiae, and Thomas A. Hickey, for Professional Firefighters of Massachusetts, Inc., amicus curiae, joined in a brief.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.

O'CONNOR, J.

The sole issue in this case is whether service performed by the plaintiff, Jerry V. Cardellicchio, for which he was compensated the sum of eighty cents by the town of Natick on April 24, 1939, constitutes "employment" within the meaning of G.L.c. 32, § 60, as amended through St. 1973, c. 207, § 7. If we determine that such service constitutes employment on or prior to June 30, 1939, Cardellicchio, who is a military veteran and has thirty years...

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