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ERNZEN v. BD. OF TRUSTEES

No. 80-7.

96 Ill. App.3d 1143 (1981)

421 N.E.2d 1065

RICHARD ERNZEN, Plaintiff-Appellee, v. THE BOARD OF TRUSTEES OF THE BATAVIA FIREMEN'S PENSION FUND, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied July 6, 1981.

Attorney(s) appearing for the Case

Thomas E. McGuire, of Des Plaines, for appellant.

Sam Alschuler and Paul A. Lewis, both of Alschuler, Putnam, McWethy & Weiss, of Aurora, for appellee.

Judgment reversed.

Mr. JUSTICE VAN DEUSEN delivered the opinion of the court:

On November 29, 1976, Richard Ernzen applied to the Board of Trustees of the Firemen's Pension Fund of the City of Batavia, Illinois, for a disability pension. Ernzen, a former Batavia fireman, pursuant to the Illinois Pension Code applied for a service connected disability pension (Ill. Rev. Stat. 1977, ch. 108 1/2, par. 4-110) and...

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