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FLAHERTY v. BOARD OF RETIREMENT

Docket No. 25197.

198 Cal.App.2d 397 (1961)

18 Cal. Rptr. 256

FRANKLIN S. FLAHERTY, Plaintiff and Appellant, v. BOARD OF RETIREMENT OF THE LOS ANGELES COUNTY EMPLOYEES RETIREMENT ASSOCIATION et al., Defendants and Respondents.

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

December 22, 1961.

Attorney(s) appearing for the Case

Jordan, Dodge, Kemble & Loveridge and Paul F. Loveridge for Plaintiff and Appellant.

Harold W. Kennedy, County Counsel, and Edward H. Gaylord, Deputy County Counsel, for Defendants and Respondents.

Henry A. Dietz, County Counsel (San Diego), and Joseph Kase, Jr., Deputy County Counsel, as Amici Curiae on behalf of Defendants and Respondents.

FORD, J.

The plaintiff, who had been employed by the East Los Angeles Fire Protection District, sought to compel the Board of Retirement of the Los Angeles County Employees Retirement Association to pay him a pension on the basis that he had become permanently incapacitated for the performance of duty as a result of injury arising out of and in the course of his employment. The board of retirement had determined that he should be "retired as a safety member under...

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