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GRIFFIN v. BOARD OF COM'RS OF LAW ENF. OFFICERS' BEN. & RET. FUND

No. 8626SC521.

352 S.E.2d 882 (1987)

Marvin W. GRIFFIN v. The BOARD OF COMMISSIONERS OF the LAW ENFORCEMENT OFFICERS' BENEFIT AND RETIREMENT FUND.

Court of Appeals of North Carolina.

February 17, 1987.

Attorney(s) appearing for the Case

Boyle, Alexander, Hord and Smith by Norman A. Smith, Charlotte, for plaintiff-appellant.

Atty. Gen. Thornburg by Asst. Atty. Gen. Norma S. Harrell, Raleigh, for defendant-appellee.

PHILLIPS, Judge.

In September, 1981 plaintiff, a retired Mecklenburg County law enforcement officer, began receiving disability retirement payments from the Law Enforcement Officers' Benefit and Retirement Fund established by G.S. 143-166, et seq. Because he had certain other earnings during 1982, in April, 1983 defendant demanded, under the authority of G.S. 143-166(y), that plaintiff return a certain amount of the money that he received from the fund that...

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