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CARTER v. FIREMEN'S PENSION FUND, ETC.

No. 80SA369.

634 P.2d 410 (1981)

Shirley A. CARTER, Plaintiff-Appellee, v. FIREMEN'S PENSION FUND OF the CITY AND COUNTY OF DENVER; Board of Trustees of the Firemen's Pension Fund; and Dan P. Cronin, Manager of Safety, Secretary, Firemen's Pension Fund, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 5, 1981.

Attorney(s) appearing for the Case

Shelley B. Don, Bruce A. Lampert, Denver, for plaintiff-appellee.

Max P. Zall, City Atty., Geoffrey S. Wasson, Asst. City Atty., Denver, for defendants-appellants.

HODGES, Chief Justice.

In this appeal, defendants-appellants (the Fund) urge reversal of the trial court's judgment declaring unconstitutional the provision of the firemen's pension statute which denies benefits to a surviving common-law spouse. We affirm.

Plaintiff-appellee, Shirley A. Carter (claimant), applied to the Firemen's Pension Fund for widow's benefits following the death of her common-law husband, fireman Merlin Carter. The parties have stipulated...

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