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MILLER v. CITY OF WILMINGTON

267 A.2d 477 (1970)

Irvin MILLER, Plaintiff, v. CITY OF WILMINGTON and Maurice Williams, City Treasurer, Lt. John T. Ogden, Plt. Charles Dougherty, Sgt. Stanley Freeman, Plt. Robert McGowan, Plt. Charles Kelly, all trustees of the Police Pension Board, Defendants.

Court of Chancery of Delaware, New Castle.

May 6, 1970.

Attorney(s) appearing for the Case

Stephen B. Potter, of Sullivan, Potter & Roeberg, Wilmington, for plaintiff.

Carl Goldstein, Asst. City Solicitor, of Wilmington, for defendants.

SHORT, Vice Chancellor:

Plaintiff brings this action for a declaratory judgment against the trustees of the Wilmington Police Pension Board praying the court to declare that he is entitled to receive a disability pension beginning in October, 1968, the date of plaintiff's application for pension. Defendants have filed a motion to dismiss for failure to state a claim upon which relief can be granted. The motion is founded on defendants' interpretation of 50 Del.Laws...

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