DREBEN, J.
The plaintiff, a retired firefighter in the town of Southbridge, brought this action seeking reinstatement in the town's group health insurance plan. After a jury-waived trial, a judge of the Superior Court dismissed the complaint, ruling that under G.L.c. 32B, § 9, the plaintiff could not be covered by the plan because he had not been a plan participant at the time of his retirement. On conflicting evidence, the judge found that the plaintiff had...
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