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BOARD OF TRUSTEES v. CHES

No. 316, September Term, 1981.

50 Md. App. 200 (1981)

436 A.2d 1131

BOARD OF TRUSTEES OF THE FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM OF THE CITY OF BALTIMORE v. STEPHEN J. CHES, JR.

Court of Special Appeals of Maryland.

Decided November 6, 1981.

Attorney(s) appearing for the Case

Richard LaFata, with whom were Benjamin L. Brown, City Solicitor of Baltimore City, Sheldon H. Press, Chief Solicitor of Baltimore City, and L. William Gawlik, Assistant Solicitor of Baltimore City, on the brief, for appellant.

Leslie L. Gladstone for appellee.

The cause was argued before GILBERT, C.J., and MOORE and MACDANIEL, JJ.

MACDANIEL, J., delivered the opinion of the Court. GILBERT, C.J., dissents and files a dissenting opinion at page 207 infra.

Stephen J. Ches, Jr., (appellee), commenced employment with the Baltimore City Police Department (the Department) on February 4, 1954, and on June 27, 1979, filed an application for retirement with special disability benefits with the Board of Trustees of the Fire and Police Employees Retirement System of the City of Baltimore (the Board...

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