KREMER v. NOBLE

No. 64939.

304 N.W.2d 215 (1981)

Bernard J. KREMER, Appellee, v. Marjorie Marie NOBLE, Defendant. CITY OF COUNCIL BLUFFS, Iowa, On Its Own Behalf and On Behalf of the Board of Trustees of the Police Retirement System For the City of Council Bluffs, Iowa, Appellant, v. Bernard J. KREMER, Appellee. CITY OF COUNCIL BLUFFS, Iowa, Appellant, v. Marjorie Marie NOBLE, Defendant.

Supreme Court of Iowa.

April 15, 1981.


Attorney(s) appearing for the Case

Terrence L. Timmins, Council Bluffs City Atty., and Robert Schell, Council Bluffs Asst. City Atty., for appellant.

James M. Haney, Omaha, Neb., and David E. Richter, Council Bluffs, and James R. Welsh of Welsh, Sibbernsen & Bowen, Omaha, Neb., for appellee.

Considered by LeGRAND, P. J., and UHLENHOPP, McCORMICK, ALLBEE, and SCHULTZ, JJ.


UHLENHOPP, Justice.

In this appeal we must decide whether a city can have reimbursement from a fund paid into court by a third-person tort-feasor, for payments the city made to its injured policeman on account of medical expenses, pay, and allowances as mandated by the policeman-fireman pension statute, ch. 411, The Code 1979. On a related subject, see Annots., 4 A.L.R. 4th 504 (1981) and 70 A.L.R.2d 475 (1960).

Officer Bernard J. Kremer sustained serious...

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