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KOZAK v. RETIREMENT BD. OF FIREMEN'S ANNUITY

No. 80-2458.

99 Ill. App.3d 1015 (1981)

425 N.E.2d 1371

VIVIAN E. KOZAK, Plaintiff-Appellant, v. RETIREMENT BOARD OF THE FIREMEN'S ANNUITY AND BENEFIT FUND OF CHICAGO, Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Opinion filed September 3, 1981.

Attorney(s) appearing for the Case

Kevin M. Forde and Marshall E. LeSeur, both of Chicago (Finn, LeSeur & Challos, Kevin M. Forde, Ltd., and Katrina Veerhusen, of counsel), for appellant.

Stanley Garber, Corporation Counsel, of Chicago (Robert R. Retke and Mary K. Rochford, Assistant Corporation Counsel, of counsel), for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE ROMITI delivered the opinion of the court:

The widow of a deceased fireman who died from service-related injuries filed a petition with the Retirement Board (hereinafter called Board) contending that the amount of the pension paid was being improperly determined. The Board disagreed, and the circuit court affirmed this determination. The principal issue before this court is whether when a statute requires that the...

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