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CITY MANAGER OF MEDFORD v. RETIREMENT BOARD OF MEDFORD

346 Mass. 638 (1964)

195 N.E.2d 519

CITY MANAGER OF MEDFORD & another vs. RETIREMENT BOARD OF MEDFORD.

Supreme Judicial Court of Massachusetts, Middlesex.

January 7, 1964.

Attorney(s) appearing for the Case

Mark E. Gallagher, Jr., City Solicitor, for the plaintiff.

Edward J. Bushell (Frederick J. Wheeler, Jr., with him) for the defendant.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & SPIEGEL, JJ.

CUTTER, J.

The Medford city manager and the members of the city council seek declaratory relief concerning (a) their powers with respect to the administration of noncontributory pensions under G.L.c. 32, § 89A, in view of St. 1960, c. 728, and (b) the effect of c. 728 in Medford, which operates under a Plan E charter. See G.L.c. 43, §§ 93-116, as amended. The case was heard upon the pleadings and a statement...

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