SULLIVAN v. WORCESTER


18 Mass. App. Ct. 360 (1984)

465 N.E.2d 1222

JOHN P. SULLIVAN vs. CITY OF WORCESTER & others.

Appeals Court of Massachusetts, Worcester.

July 11, 1984.


Attorney(s) appearing for the Case

Malcolm L. Burdine, Assistant City Solicitor, for the defendants.

John A. Wortmann, Jr. (Jeffrey M. Freedman with him) for the plaintiff.

Present: GREANEY, C.J., PERRETTA, & DREBEN, JJ.


DREBEN, J.

The question before us is whether a custodial account approved as an investment by the Internal Revenue Service and hence authorized by the first sentence of G.L.c. 71, § 37B, must be purchased from "an insurer authorized to issue life insurance or annuity contracts in the commonwealth" (fourth sentence of G.L.c. 71, § 37B [see note 2, infra]).

The plaintiff, a school psychologist in Worcester, sought to invest in a tax-deferred...

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