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REISNER v. BOARD OF TRUSTEES OF FIRE RETIREMENT SYS.

No. 55171.

203 N.W.2d 812 (1973)

John V. REISNER, Appellant, v. BOARD OF TRUSTEES OF the FIRE RETIREMENT SYSTEM OF the CITY OF DUBUQUE, Iowa, et al., Appellees.

Supreme Court of Iowa.

January 17, 1973.

Attorney(s) appearing for the Case

O'Connor, Thomas, Wright, Hammer & Bertsch, Dubuque, for appellant.

R. N. Russo, Dubuque, for appellees.

Considered en banc.

LeGRAND, Justice.

This appeal asks us to decide if plaintiff shall have a disability retirement from the Dubuque Fire Department under section 411.6(5), The Code, 1966, or only a service retirement under section 411.6(2). This, in turn, depends on whether he is physically incapacitated from performing the duties of a fireman. The matter is important because the benefits received for disability retirement are substantially greater than those for service retirement...

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