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MURGIA v. COMMONWEALTH OF MASS. BD. OF RETIREMENT

Civ. A. No. 72-2083-T.

386 F.Supp. 179 (1974)

Robert D. MURGIA, Plaintiff, v. COMMONWEALTH OF MASSACHUSETTS BOARD OF RETIREMENT et al., Defendants.

United States District Court, D. Massachusetts.

December 12, 1974.

Attorney(s) appearing for the Case

William F. Looney, Jr., Moulton, Looney, Mazzone, Falk & Markham, Boston, Mass., for plaintiff.

Terence P. O'Malley, Robert H. Quinn, Atty. Gen. for Mass., Walter H. Mayo III, Asst. Atty. Gen., Boston, Mass., for defendants.

Before ALDRICH, Senior Circuit Judge, and TAURO and FREEDMAN, District Judges.

OPINION

ALDRICH, Senior Judge.

We are now concerned with the measure of relief to be afforded as a result of our decision in Murgia v. Commonwealth of Massachusetts Board of Retirement, D.Mass., 1974, 376 F.Supp. 753, holding unconstitutional Mass. G.L. c. 32, § 26(3), which required the involuntary discharge of plaintiff Murgia from the State Police force, although he was physically qualified, simply because he...

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