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MILLER v. CITY OF WILMINGTON

285 A.2d 443 (1971)

Irvin MILLER, Plaintiff, v. CITY OF WILMINGTON, Defendant.

Court of Chancery of Delaware, New Castle.

November 30, 1971.

Attorney(s) appearing for the Case

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

Daniel M. Kristol, Asst. City Sol., for defendant.

SHORT, Vice Chancellor:

Plaintiff seeks a judgment declaring that he is entitled to receive a disability pension from the City of Wilmington (City). This is the decision on plaintiff's motion for summary judgment.

The uncontroverted facts which have thus far been established are these: Plaintiff, on or about March 3, 1967, had been a member of the Wilmington police force for approximately 10 years. On that date, plaintiff was injured in the course of his police...

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