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EVANS v. SCHRUNK

479 P.2d 1008 (1971)

Herbert J. EVANS, Respondent, v. Terry D. SCHRUNK, Ray Smith, Donald I. McNamara, James H. Riopelle, John Scarino, Ronald O. Usher, Harold L. Petrie, William Grace, Fred Brock, Herb Miller, Members of the Board of Trustees of the Fire and Police Disability and Retirement Fund of the City of Portland, Oregon, Appellants.

Court of Appeals of Oregon, Department 2.

Decided January 28, 1971.

Rehearing Denied February 23, 1971.

Attorney(s) appearing for the Case

Ellis E. Gerdes, Portland, argued the cause for appellants. With him on the briefs were Marian C. Rushing and Robert L. Hurtig, Portland.

Raymond J. Conboy, Portland, argued the cause for respondent. With him on the brief were Pozzi, Wilson & Atchison, and Garry L. Kahn, Portland.

Before SCHWAB, C.J., and LANGTRY, BRANCHFIELD, and HOLMAN, JJ.

LANGTRY, Judge.

The question in this case is whether plaintiff, an inactive policeman, is entitled to service-connected or nonservice-connected disability under the City of Portland's Fire and Police Disability and Retirement Fund, created and administered pursuant to the provisions of Chapter 5 of the city's charter. Service-connected disability pensions are substantially the larger.

The defendants, the Board of Trustees of the Fund, created by Chapter 5...

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