- Associated Press - Monday, March 30, 2015

PROVIDENCE, R.I. (AP) - The state’s highest court has vacated a summary judgment in favor of three former Johnston police officers who say the town owes them money they paid into a deferred-compensation plan separate from their union’s pension.

The Rhode Island Supreme Court issued its opinion Monday, remanding the case to the Providence Superior Court. The officers - represented by attorney Michael Lepizzera Jr. - must now decide whether to move forward with a trial.

John DiMaio, Albert A. Faella, and Alan Ross filed a lawsuit against the town of Johnston in 2010, alleging they were owed funds they deposited from their paychecks into a separate deferred-compensation plan. The town of Johnson disagreed, appealing the summary judgment in 2012.

Attorney William Conley, who represents Johnston, says the town is pleased with the decision.

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