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action administrative adoption agree allowed amended amount appeal Appeals Court apply argues argument Attorney authority Bank Board Boston cause charged circumstances civil claim Commissioner common Commonwealth complaint concerning conclude conduct consider Constitution cost counsel County criminal damages decision defendant defendant's denied Department determine direct District duty effect employee entitled ERISA established evidence facts failed Federal fees filed finding funds further granted hearing held imposed indictment instruction insured intent interest involved issue judge judgment Judicial jurors jury justice land Legislature liability limited Mass Massachusetts matter meaning ment motion murder Office opinion parties person plaintiff present procedure proceedings protection pursuant question reasonable received record regulations Reported request result rule schools sentence statement statute Superior Court supra testimony tion tort town trial Trustees United violation