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DONALDSON v. MANKATO POLICEMEN'S BENEFIT

Nos. 48775, 48927 and 48928.

278 N.W.2d 533 (1979)

Muriel DONALDSON, Respondent, v. MANKATO POLICEMEN'S BENEFIT ASSOCIATION, Appellant.

Supreme Court of Minnesota.

March 23, 1979.

Attorney(s) appearing for the Case

McLean, Peterson, Sullivan & Haugh and Thomas R. Sullivan, Mankato, for appellant.

Morley Friedman, St. Paul, for respondent.

Heard before TODD, WAHL, and KENNEDY, JJ., and considered and decided by the court en banc.

CHARLES W. KENNEDY, Justice.1

Appeal from a judgment determining that Muriel Donaldson, the widow of a Mankato policeman, is entitled to a pension. The Mankato Policemen's Benefit Association had denied the pension, alleging that Mrs. Donaldson was ineligible because she had "commenced * * * an action for divorce" and "had been residing apart from" her husband at the time of his death. The trial...

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