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McGRATH v. RHODE ISLAND RETIREMENT BD., ETC.

No. 95-2301.

88 F.3d 12 (1996)

Edward A. McGRATH, Plaintiff, Appellant, v. The RHODE ISLAND RETIREMENT BOARD, ETC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 9, 1996.

Attorney(s) appearing for the Case

Edward C. Roy, Jr., with whom Roy & Cook, Providence, RI, was on brief, for appellant.

David D. Barricelli, with whom Hinckley, Allen & Snyder, Providence, RI, was on brief, for appellee.

Before SELYA, CYR and BOUDIN, Circuit Judges.

SELYA, Circuit Judge.

This appeal requires us to determine whether a legislated change to a substantive provision of a public employees' retirement plan, as applied, transgresses the Contracts Clause of the United States Constitution. We find no constitutional infraction: plaintiff-appellant Thomas McGrath's pension rights had not yet vested when the modification occurred, and the state had reserved the power to alter or revoke its promise of retirement benefits to...

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