HUBBARD v. PUEBLO FIREMEN'S PENSION FUND

No. 19842.

374 P.2d 492 (1962)

James H. HUBBARD, Plaintiff in Error, v. PUEBLO FIREMEN'S PENSION FUND, a Municipal Board, Fred H. Voss, Mayor of Pueblo, et al., Defendants in Error.

Supreme Court of Colorado. En Banc.

September 17, 1962.


Attorney(s) appearing for the Case

Edwin K. McMartin, Pueblo, Fugate, Mitchem, McGinley & Hoffman, Denver, for plaintiff in error.

Predovich & Ward, Pueblo, for defendants in error.


McWILLIAMS, Justice.

The ultimate issue to be resolved is whether the Board of Trustees of the Firemen's Pension Fund of the City of Pueblo (hereinafter referred to as the Board) exceeded its jurisdiction or abused its discretion in denying Hubbard's application for retirement with a pension from the Pueblo Fire Department. The more immediate question is whether there is evidence to support the findings of the Board that Hubbard was not so physically disabled as to...

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