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CITY OF PASCO v. NAPIER

No. 53807-7.

109 Wn.2d 769 (1988)

755 P.2d 170

THE CITY OF PASCO, Petitioner, v. C. ART NAPIER, ET AL, Respondents. C. ART NAPIER, Respondent, v. THE CITY OF PASCO, Petitioner.

The Supreme Court of Washington, En Banc.

As amended by order May 20, 1988.

Attorney(s) appearing for the Case

Greg A. Rubstello, City Attorney, for petitioner.

Raekes, Rettig, Osborne, Forgette & O'Donnell, by Diehl R. Rettig and James E. Hurson, for respondent Napier.

C.J. Rabideau, Prosecuting Attorney, for respondent Disability Board.

Kenneth O. Eikenberry, Attorney General, and Ceil Holuk, Assistant, amici curiae for respondents.

[As amended by order of the Supreme Court May 20, 1988.]

DORE, J.

We reverse a superior court judgment against the City of Pasco for 6 months' disability leave pay. We hold that Napier was entitled to immediate disability retirement benefits from the Washington State Retirement Board on his second application for disability retirement because that application was a continuation of Napier's first application and because...

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