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BURKE v. COMMONWEALTH

No. 05-P-1004.

67 Mass. App. Ct. 88 (2006)

TIMOTHY M. BURKE & another v. COMMONWEALTH & others.

Appeals Court of Massachusetts, Suffolk.

August 10, 2006.

Attorney(s) appearing for the Case

Brian Jay Rogal for the plaintiffs.

Mark P. Sutliff, Assistant Attorney General (Lisa J. Fauth, Assistant Attorney General, with him) for the defendants.

Present: Laurence, Dreben, & Vuono, JJ.

DREBEN, J.

This appeal from the grant of summary judgment for the defendants raises the question whether the Commonwealth has discretion to set the hourly rate of reimbursement for attorney's fees to be recovered by a State trooper entitled to indemnification for legal fees pursuant to G. L. c. 258, § 9A. This action was brought by the trooper, Mark Garrett, and his counsel, Timothy Burke, to whom he had, it is

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