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UPSON v. BOARD OF TRUSTEES

No. 83-264

124 N.H. 787 (1984)

WILLIAM H. UPSON v. THE BOARD OF TRUSTEES OF THE NEW HAMPSHIRE RETIREMENT SYSTEM

Supreme Court of New Hampshire

April 16, 1984

Attorney(s) appearing for the Case

Hampe & McNicholas, of Concord (Richard A. Hampe on the brief and orally), for the plaintiff.

Gregory H. Smith, attorney general (Ronald F. Rodgers, assistant attorney general, on the brief and orally), for the State.

BROCK, J.

The plaintiff, a State employee, filed a petition for declaratory judgment after the defendant board of trustees (the board) refused to accept his application for ordinary disability retirement benefits under the New Hampshire Retirement System. Pursuant to RSA 491:17, the Superior Court (Souter, J.) transferred without ruling the following questions of law:

"(1) Is the plaintiff entitled to apply for ordinary disability benefits pursuant...

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