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CUNDY v. DIVISION OF RETIREMENT

No. EE-372.

353 So.2d 967 (1978)

Jerome G. CUNDY, Sr., Petitioner, v. DIVISION OF RETIREMENT, Florida DEPARTMENT OF ADMINISTRATION, et al., Respondents.

District Court of Appeal of Florida, First District.

January 16, 1978.

Attorney(s) appearing for the Case

Richard A. Sicking and Joseph C. Segor of Kaplan, Dorsey, Sicking & Hessen, P.A., Miami, for petitioner.

L. Keith Pafford, Dept. of Administration, Div. of Retirement, and Nancy G. Linnan, State Retirement Commission, Tallahassee, for respondents.

PER CURIAM.

The petition for review is GRANTED, the order of the Retirement Commission is QUASHED, and the case is REMANDED to the Commission for further proceedings giving appropriate effect to the presumption accorded by Section 112.18(1), Florida Statutes (1975). Caldwell v. Division of Retirement, 344 So.2d 923 (Fla.1st DCA 1977).

SMITH, Acting C.J., and ERVIN and BOOTH...

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