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ARRUDA v. CONTRIBUTORY RETIREMENT APPEAL BOARD

No. 88-P-1248.

28 Mass. App. Ct. 366 (1990)

551 N.E.2d 537

JOHN M. ARRUDA vs. CONTRIBUTORY RETIREMENT APPEAL BOARD.

Appeals Court of Massachusetts, Bristol.

March 13, 1990.

Attorney(s) appearing for the Case

Jeffrey S. Entin for the plaintiff.

Daniel E. Dilorati, Assistant Attorney General, for Contributory Retirement Appeal Board.

Present: BROWN, DREBEN, & JACOBS, JJ.

DREBEN, J.

The primary question before us is the construction of the term "misappropriation of funds" as used in G.L.c. 32, § 15(1).1 Does the term include excess payments approved by the plaintiff and charged to his employer, the Fall River Housing Authority (FRHA), in order to provide kickbacks to himself and others? The Contributory Retirement Appeal Board (CRAB) and two judges...

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