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FLEMINGS v. CONTRIBUTORY RETIREMENT APPEAL BOARD

431 Mass. 374 (2000)

LEONARD FLEMINGS v. CONTRIBUTORY RETIREMENT APPEAL BOARD & another (and five companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

May 8, 2000.

Attorney(s) appearing for the Case

Matthew D. Jones for Leonard Flemings & others.

Ginny Sinkel, Assistant Attorney General (Anthony E. Penski, Assistant Attorney General, with her) for Contributory Retirement Appeal Board.

Present: MARSHALL, C.J., ABRAMS, LYNCH, GREANEY, IRELAND, SPINA, & COWIN, JJ.

LYNCH, J.

The plaintiffs appeal from a decision of a Superior Court judge affirming the decision of the Contributory Retirement Appeal Board (CRAB) under G. L. c. 30A, § 14. The sole issue on appeal is whether, as a matter of law, St. 1996, c. 71, § 2 (act), which amended G. L. c. 32, § 4 (1) (h), to provide certain "buy back" provisions to retirees who have served in the armed forces of the United...

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