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CARR v. BOARD OF TRUSTEES

643 A.2d 372 (1994)

David CARR v. The BOARD OF TRUSTEES OF the MAINE STATE RETIREMENT SYSTEM et al.

Supreme Judicial Court of Maine.

Decided June 7, 1994.

Attorney(s) appearing for the Case

Robert J. Piampiano (orally), M. Thomasine Burke, Richardson & Troubh, Portland, for plaintiff.

Elizabeth L. Boynton (orally), Portland, for City of Portland.

Cabanne Howard (orally), Polly Haight Frawley, Asst. Attys. Gen., Augusta, for M.S.R.S.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, RUDMAN and DANA, JJ.

RUDMAN, Justice.

The Board of Trustees of the Maine State Retirement System (the "Board") and the City of Portland appeal from the judgment entered in the Superior Court (Kennebec County, Chandler, J.) vacating a decision of the Board. When Carr applied for disability retirement benefits, the Board interpreted the applicable disability retirement statute1 to require that the evaluation of Carr's disability to perform his job be...

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