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BURGER v. EMPLOYEES' RETIREMENT SYSTEM

Docket No. 14585.

101 Cal.App.2d 700 (1951)

226 P.2d 38

THOMAS J. BURGER, Appellant, v. EMPLOYEES' RETIREMENT SYSTEM et al., Respondents.

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

January 15, 1951.

Attorney(s) appearing for the Case

John J. Dailey and Charles F. Rockwell for Appellant.

Dion R. Holm, City Attorney, Norman Sanford Wolff and Clayton W. Horn, Deputy City Attorneys, for Respondents.

DOOLING, J.

Plaintiff appeals from a judgment in an action for declaratory relief. Plaintiff is a retired member of the fire department of the city and county of San Francisco engaged in gainful employment. He was retired, not because of disability, on a pension on November 14, 1944, and at all times involved in this action he was under the age of 62 years.

The San Francisco charter prior to January 16, 1945...

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