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APPEAL OF BARRY

No. 97-165.

143 N.H. 161 (1998)

APPEAL OF KEVIN G. BARRY & a. (Board of Trustees of the City of Manchester Employees' Contributory Retirement System)

Supreme Court of New Hampshire.

November 30, 1998.

Attorney(s) appearing for the Case

Robert K. Mekeel, P.A., of Concord (Robert K. Mekeel on the brief and orally), for the petitioners.

Sheehan Phinney Bass + Green, PA., of Manchester (Claudia C. Damon on the brief and orally), for the respondent.

Thomas R. Clark, city solicitor, and Thomas I. Arnold, III, assistant city solicitor, of Manchester (Mr. Clark and Mr. Arnold on the brief, and Mr. Arnold orally), for the City of Manchester, as amicus curiae.

BROCK, C.J.

The petitioners, Kevin G. Barry and Marcel J. Gagnon, appeal an order of the Board of Trustees of the City of Manchester Employees' Contributory Retirement System (retirement board) offsetting their workers' compensation lump sum settlements against their retirement disability pensions. We reverse and remand.

This is the second time this case has come before us. See Appeal of Barry, 141 N.H. 170, 681 A.2d...

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