STANTON v. CITY OF DES MOINES

No. 86-1642.

420 N.W.2d 480 (1988)

Robert L. STANTON and the Des Moines Association of Professional Fire Fighters Local No. 4, Appellants, v. CITY OF DES MOINES, Iowa; Board of Trustees of Fire Retirement System of the City of Des Moines, Iowa; Des Moines Fire Department; and Robert V. Armstrong, in His Official Capacity as Fire Chief, Appellees.

Supreme Court of Iowa.

March 16, 1988.


Attorney(s) appearing for the Case

Charles E. Gribble and Linda G. Hanson of Sayre & Gribble, P.C., Des Moines, for appellants.

Nelda Barrow Mickle, Des Moines, for appellees.

Considered by SCHULTZ, P.J., and LAVORATO, NEUMAN, SNELL, and ANDREASEN, JJ.


ANDREASEN, Justice.

The plaintiffs in their action for declaratory judgment ask the court to construe Iowa Code section 411.6(5) (1985) to prohibit the fire chief from ordering a temporarily disabled fire fighter to perform light duty. The trial court granted defendants' motion for a judgment on the pleadings and dismissed the petition. We reverse and remand.

Section 411.6(5) of the Iowa Code provides that if a fire fighter is injured in the performance of...

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