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FATTORE v. POLICE AND FIREMEN'S RETIRE. SYST.

80 N.J. Super. 541 (1963)

194 A.2d 363

MARIO D. FATTORE, APPELLANT, v. POLICE AND FIREMEN'S RETIREMENT SYSTEM OF NEW JERSEY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 17, 1963.

Attorney(s) appearing for the Case

Mr. Milton Prigoff argued the cause for appellant (Messrs. Lebson & Prigoff, attorneys; Mr. Abram A. Lebson, of counsel).

Mr. Thomas C. McGrath, Jr., Law Assistant, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Before Judges CONFORD, FREUND and SULLIVAN.

The opinion of the court was delivered by CONFORD, S.J.A.D.

This appeal brings into issue the justification for a determination by the Police and Firemen's Retirement System of New Jersey denying the application of Mario D. Fattore, member of the Fire Department of the City of Camden, for an accidental disability retirement allowance based upon a heart attack sustained while performing his duties as fireman.

The right to such an allowance in favor of a member...

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