CAPLAN, Chief Justice:
Leonard Backus Thomas, appellant, was an employee of the fire department of the City of Dunbar until October 31, 1974. On that date he attained his sixty-fifth birthday and sought retirement benefits as a member of that department. The board of trustees of the firemen's pension and relief fund denied his application and notified him that he was not eligible for a pension for the reason that he was over the qualifying age at the time of his employment...
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