STATE, EX REL. BAILEY v. BOARD

No. 35686.

169 Ohio St. 1 (1959)

THE STATE, EX REL. BAILEY, SR., APPELLEE, v. BOARD OF TRUSTEES OF TOLEDO POLICE RELIEF AND PENSION FUND ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 18, 1959.


Attorney(s) appearing for the Case

Mr. Charles J. McLaughlin, for appellee.

Mr. Charles T. Lawton, director of law, and Mr. William D. Driscoll, for appellants.


HERBERT, J.

The question presented by the pleadings may be summarized as follows:

Where a member of a city police department resigned to enter the armed forces of the United States during World War II, and at such time was retired upon request on a monthly pension, and at the termination of his military service in World War II applied for and was granted reinstatement in the police department, ceased to collect such monthly pension and again became a member...

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