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GOETZ v. BOARD OF TRUSTEES

No. 45,316

203 Kan. 340 (1969)

454 P.2d 481

PEGGY J. GOETZ, Appellant, v. THE BOARD OF TRUSTEES, POLICEMEN'S AND FIREMEN'S RETIREMENT SYSTEM, CITY OF WICHITA, Appellee.

Supreme Court of Kansas.

Opinion filed May 17, 1969.

Attorney(s) appearing for the Case

Harry L. Hobson and J. Francis Hesse, both of Wichita, argued the cause and were on the brief for the appellant.

H. Jay Setter, of Wichita, argued the cause, and John Dekker and Eugene Pirtle, both of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal by the widow of a deceased fireman from an order of the district court upholding the action of the Board of Trustees, Policemen's and Firemen's Retirement System of the city of Wichita, denying the widow's pension.

The underlying question involves the construction of K.S.A. 13-14a07 — whether the widow's right to a pension is dependent upon the right of her deceased husband...

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