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MITCHELL v. PUBLIC EMP. RETIREMENT BOARD

559 P.2d 1325 (1977)

28 Or.App. 339

Lawrence Edward MITCHELL, Petitioner, v. PUBLIC EMPLOYES' RETIREMENT BOARD, Respondent.

Court of Appeals of Oregon.

Decided January 31, 1977.

Attorney(s) appearing for the Case

Gary K. Jensen, Eugene, argued the cause and filed the brief for petitioner.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and TANZER, J.

TANZER, Judge.

This appeal from a denial of disability retirement benefits by the Public Employes' Retirement Board (PERB) presents similar facts and identical legal issues to those in Hoskinson v. PERB, 23 Or.App. 328, 542 P.2d 157 (1975), except that this claimant had been a fireman for almost 30 years prior to the discovery of his heart disease.

Claimant asserts that PERB...

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