YORK PD. FIREMEN'S PEN. F. BD. v. LINDSEY

No. 1517 C.D. 1979.

52 Pa.Commw. 51 (1980)

York Paid Firemen's Pension Fund Board of York City, Pennsylvania, Appellant v. M. Kenneth Lindsey, Appellee.

Commonwealth Court of Pennsylvania.

June 5, 1980.


Attorney(s) appearing for the Case

Donald B. Hoyt, Assistant City Solicitor, for appellant.

James B. Leckrone, with him Carl H. Cordes, for appellee.

Argued March 14, 1980, before Judges MENCER, CRAIG and WILLIAMS, JR., sitting as a panel of three.


OPINION BY JUDGE MENCER, June 5, 1980:

The York Paid Firemen's Pension Fund Board of York City (Board) appeals from an order of the Court of Common Pleas of York County which granted a summary judgment in favor of M. Kenneth Lindsey (Lindsey). We reverse.

The facts are undisputed. Lindsey retired as a paid fireman on February 11, 1969 and began receiving pension benefits, in the amount of $3,800 per year, pursuant to an ordinance which established pension...

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