STATE, EX REL. GOMBERT v. HOGAN

No. 37223.

172 Ohio St. 529 (1961)

THE STATE, EX REL. GOMBERT, v. HOGAN ET AL., BOARD OF TRUSTEES OF FIREMEN'S RELIEF AND PENSION FUND.

Supreme Court of Ohio.

Decided December 20, 1961.


Attorney(s) appearing for the Case

Messrs. Shively, Shively & Shell, for relator.

Mr. Herbert S. Beane, city attorney, Mr. Maurice J. Gilbert and Mr. Robert N. Gorman, for respondents.


Per Curiam.

The only question raised by the pleadings herein is whether, when the relator resigned on November 26, 1960, he was free to disregard his election of November 7, 1947, made pursuant to legislative authorization therefor, and base his claim to a pension under the state rules as set out in Section 741.18 (B), Revised Code.

At the time relator became a member of the Dayton fire department, municipalities were authorized under legislation then...

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