STATE, EX REL. FRYE v. BACHRACH

No. 37869.

175 Ohio St. 419 (1964)

THE STATE, EX REL. FRYE, APPELLEE, v. BACHRACH ET AL., TRUSTEES OF FIREMEN'S RELIEF AND PENSION FUND OF CITY OF CINCINNATI, APPELLANTS.

Supreme Court of Ohio.

Decided January 22, 1964.


Attorney(s) appearing for the Case

Mr. Nicholas Bauer and Mr. Robert C. Martin, for appellee.

Mr. James W. Farrell, Jr., city solicitor, and Mr. William A. McClain, for appellants.


GRIFFITH, J.

The basic question raised by this action in mandamus is whether military service can be credited to time served as a city fireman in determining the right to a fireman's pension, where such fireman does not rejoin the fire department within the statutory time.

It is appellee's contention that, since he was on a military leave of absence, his time in the armed forces must be credited to his time of service in the fire department in determining...

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