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FLAHERTY v. JUSTICES OF THE HAVERHILL DIVISION OF THE DISTRICT COURT DEPARTMENT OF THE TRIAL COURT

No. 12-P-22.

83 Mass. App. Ct. 120 (2013)

JAMES FLAHERTY v. JUSTICES OF THE HAVERHILL DIVISION OF THE DISTRICT COURT DEPARTMENT OF THE TRIAL COURT & another (and two companion cases).

Appeals Court of Massachusetts, Essex.

January 18, 2013.

Attorney(s) appearing for the Case

Thomas J. Gleason for James Flaherty.

Michael Sacco for retirement board of Haverhill.

Present: CYPHER, BERRY, & AGNES, JJ.

BERRY, J.

On June 2, 2009, the plaintiff, James Flaherty, was convicted of larceny for stealing paving supplies from the Haverhill highway department (highway department). See G. L. c. 266, § 30. Flaherty was the superintendent of the highway department at the time of the theft.

Flaherty contends that the forfeiture of his pension resulting from his conviction, as mandated by G. L. c. 32, § 15(4...

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