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BOBSON v. CITY OF MISHAWAKA

No. 3-677A150.

383 N.E.2d 484 (1978)

Dewey BOBSON, [Sic], et al., Appellants-Plaintiffs, v. CITY OF MISHAWAKA et al., Appellees-Defendants.

Court of Appeals of Indiana, Third District.

December 27, 1978.

Attorney(s) appearing for the Case

Roland Obenchain, South Bend, for appellants-plaintiffs.

R. Wyatt Mick, Jr., Mishawaka, for City of Mishawaka and Margaret Prickett, Mayor of the City of Mishawaka, Indiana.

James J. Olson, Mishawaka, for Board of Trustees of Firemen's Pension Fund of Mishawaka, Indiana.

STATON, Judge.

While receiving disability retirement from the City of Mishawaka, plaintiff Fred G. Fechner, a disabled retired fireman, applied for voluntary retirement under IC 1971, 19-1-37-14, Ind. Ann. Stat. § 48-6528 (Burns Code Ed.). The trial court entered summary judgment for the City of Mishawaka, et al. Fechner appeals.1

We find that Fechner was entitled to receive voluntary retirement. We reverse.

The question...

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