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BRANSON v. CITY & COUNTY OF DENVER

No. 84SA5.

707 P.2d 338 (1985)

Birdie L. BRANSON, Plaintiff-Appellant, v. CITY AND COUNTY OF DENVER, Board of Trustees of the Firemen's Pension Fund of the City and County of Denver; and Elvin R. Caldwell, in his official capacity as Secretary to the Board of Trustees of the Firemen's Pension Fund, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 4, 1985.

Attorney(s) appearing for the Case

A. Bruce Jones, Bruce W. Sattler and Kathryn E. Miller, Holland & Hart, Denver, for plaintiff-appellant.

Stephen H. Kaplan, Denver City Atty., and Dianne E. Eret, Asst. City Atty., Denver, for defendants-appellees.

DUBOFSKY, Justice.

The plaintiff, Birdie L. Branson, appeals the judgment of the Denver district court affirming the decision of the defendants, the Board of Trustees of the Firemen's Pension Fund for the City and County of Denver (the board), that denied her benefits as the surviving spouse of a disabled Denver firefighter because she was not married to the firefighter at the time he applied for retirement. The district court

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