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BARBER v. RETIREMENT BOARD

Docket No. 28006.

18 Cal.App.3d 273 (1971)

95 Cal. Rptr. 657

HERMAN M. BARBER, Plaintiff and Appellant, v. RETIREMENT BOARD OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

June 22, 1971.

Attorney(s) appearing for the Case

COUNSEL

Charles P. Scully and Donald C. Carroll for Plaintiff and Appellant.

Thomas M. O'Connor, City Attorney, and Donald J. Garibaldi, Deputy City Attorney, for Defendants and Respondents.

OPINION

TAYLOR, J.

Herman M. Barber appeals from an order denying his petition for a writ of mandate directing respondent, Retirement Board of the City and County of San Francisco (hereafter Board) to vacate its directive compelling him to retire pursuant to section 171.1.3 of the city charter because of a permanent disability incurred in the performance of duty. Barber contends: 1) the Board construed section 171.1.3 of the charter...

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