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MARTELL v. TEACHERS' RETIREMENT BOARD

20 Mass. App. Ct. 188 (1985)

479 N.E.2d 191

HAROLD MARTELL vs. TEACHERS' RETIREMENT BOARD.

Appeals Court of Massachusetts, Norfolk.

June 7, 1985.

Attorney(s) appearing for the Case

Thomas Paul Gorman for the plaintiff.

Madeline Mirabito Becker, Assistant Attorney General, for the defendant.

Present: GREANEY, C.J., KAPLAN, & BROWN, JJ.

BROWN, J.

The plaintiff, Harold Martell, is under fifty-five years of age and has twenty years of public employment creditable toward retirement benefits. On or about April 6, 1983, the Needham school department (department) notified the plaintiff by letter that it had voted to release him from his job, due to external constraints, in accordance with the provisions of art. 32, § 9,1

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