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APPEAL OF BARRY

No. 94-434.

141 N.H. 170 (1996)

APPEAL OF KEVIN G. BARRY & a. (Board of Trustees of the City of Manchester Employees' Contributory Retirement System)

Supreme Court of New Hampshire.

July 11, 1996.

Attorney(s) appearing for the Case

McDowell & Mekeel, P.A., of Manchester (Robert K. Mekeel on the brief and orally), for the petitioners.

Sheehan Phinney Bass + Green, P.A., of Manchester (Claudia C. Damon on the brief and orally), for the respondent, Board of Trustees of the City of Manchester Employees' Contributory Retirement System.

THAYER, J.

The petitioners, Kevin G. Barry and Marcel J. Gagnon, appeal pursuant to RSA chapter 541, see Laws 1973, 218:18, an order of the Board of Trustees of the City of Manchester Employees' Contributory Retirement System (retirement board) offsetting the entirety of their workers' compensation lump sum settlements against their disability pensions. We vacate and remand for a determination of the offset permissible in light of this opinion.

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