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SJC Hears Harvard Appeal

During the arguments, SJC chief justice Margaret H. Marshall recused herself from the proceedings. She was the general counsel for Harvard at the time when the discrimination suit was filed, and had also ordered an internal investigation of Abramian's charges that found no wrongdoing on Harvard's part.

In an unusual move, both sides in this case agreed to appeal the case directly to the SJC, bypassing a lower appellate court. The SJC is the ultimate authority on the meaning and application of Massachusetts law, and is the oldest appellate court in continuous existence in the Western Hemisphere.

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The justices will rule on whether the jury's finding that Harvard was not truthful in giving reasons for Abramian's firing was sufficient to find in Abramian's favor.

An SJC verdict is not expected for months.

As is standard for appeals of this nature, no witnesses were called during the approximate half-hour of courtroom time spent on the case.

Instead, five justices quizzed the lawyers about the legal principles behind their cases.

Harvard's appeal is being tried by Allan A. Ryan Jr., an attorney in the Office of the General Counsel, and G. Marshall Moriarty, an outside attorney with the Boston law firm Ropes & Gray.

The case is Abramian v. President and Fellows of Harvard College.

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