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Legal Opinion

Appeal of Barry

Supreme Court of New Hampshire

Decided September 18, 1997No. 95-581PublishedCited by 7 opinions

1Opinion of the CourtThayer, J.

The petitioner, Kevin G. Barry, appeals an order of the Board of Trustees of the City of Manchester Employees’ Contributory Retirement System (retirement board) pursuant to RSA chapter 541, see Laws 1973, 218:18, reducing his disability pension based upon income generated from his trucking, lawn care, and paving business (DEAK Trucking). We affirm in part, vacate in part, and remand.

The facts are undisputed. The petitioner was formerly employed by the City of Manchester (city) as a refuse collector. In 1991, the petitioner sustained work-related injuries to his shoulder and back. As a result,…

2Cases cited5 opinions

  1. Welch v. Director, Division of Motor VehiclesSupreme Court of New Hampshire · 1995
  2. State v. HodgkissSupreme Court of New Hampshire · 1989
  3. Milette v. New Hampshire Retirement SystemSupreme Court of New Hampshire · 1996
  4. Appeal of SoucySupreme Court of New Hampshire · 1994
  5. Appeal of BarrySupreme Court of New Hampshire · 1996

3Cited by7 opinions

  1. State v. SargentSupreme Court of New Hampshire · 1999
  2. Appeal of WilsonSupreme Court of New Hampshire · 2011
  3. Pheasant Lane Realty Trust v. City of NashuaSupreme Court of New Hampshire · 1998
  4. New Hampshire Department of Resources & Economic Development v. DowSupreme Court of New Hampshire · 2002
  5. American Express Travel v. MoskoffSupreme Court of New Hampshire · 1999

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