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TERRY v. CITY OF BERKELEY

Docket No. S.F. 18585.

41 Cal.2d 698 (1953)

263 P.2d 833

ERNEST TERRY, Respondent, v. CITY OF BERKELEY et al., Appellants.

Supreme Court of California. In Bank.

November 25, 1953.

Attorney(s) appearing for the Case

Fred C. Hutchinson, City Attorney, and Robert T. Anderson, Deputy City Attorney, for Appellants.

Cornish & Cornish, Francis T. Cornish, Howard W. Wayne and Robert H. Kroninger for Respondent.

SHENK, J.

This is an appeal from a judgment for the plaintiff in a action by a retired police officer for declaratory relief and for an accumulated amount alleged to be due him from a pension fund pursuant to an ordinance of the defendant city of Berkeley.

The plaintiff was a member of the Police Department of the city of Berkeley from August, 1925, to May 1, 1940, when he was retired because of physical disability incurred in the line of duty. At the time...

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