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O'TOOLE v. RETIREMENT BOARD

Docket No. 53119.

139 Cal.App.3d 600 (1983)

188 Cal. Rptr. 853

MICHAEL R. O'TOOLE, Plaintiff and Respondent, v. RETIREMENT BOARD OF THE CITY AND COUNTY OF SAN FRANCISCO, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

January 31, 1983.

Attorney(s) appearing for the Case

COUNSEL

George Agnost, City Attorney, and Dan Maguire, Deputy City Attorney, for Defendant Appellant.

Michael S. Hebel, Stephen Warren Solomon, Ralph B. Saltsman, Carole A. Solomon and Emanuel Cowitt for Plaintiff and Respondent.

OPINION

FEINBERG, J.

The Retirement Board of the City and County of San Francisco (Board) appeals from a judgment granting respondent Michael R. O'Toole's (O'Toole) petition for writ of mandate directing the Board to set aside its decision denying O'Toole retirement benefits. The issue for this court is whether there is substantial evidence to support the trial court's finding that there were no permanent light duty assignments available...

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