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APPEAL OF BARRY

No. 95-581.

142 N.H. 284 (1997)

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

Supreme Court of New Hampshire.

September 18, 1997.

Attorney(s) appearing for the Case

McDowell & Mekeel, P.A., of Manchester (Robert K. Mekeel and Mark D. Morrissette on the brief, and Mr. Mekeel orally), for the petitioner.

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 petitioner, Kevin G. Barry, appeals an order of the Board of Trustees of the City of Manchester Employees' Contributory Retirement System (retirement board) pursuant to RSA chapter 541, see Laws 1973, 218:18, reducing his disability pension based upon income generated from his trucking, lawn care, and paving business (DEAK Trucking). We affirm in part, vacate in part, and remand.

The facts are undisputed. The petitioner was formerly employed...

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