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WEATHERFORD v. CITY OF HIALEAH

No. 87-1460.

537 So.2d 680 (1989)

Bruce C. WEATHERFORD, Jr., Appellant, v. The CITY OF HIALEAH, Appellee.

District Court of Appeal of Florida, Third District.

January 24, 1989.

Attorney(s) appearing for the Case

Anthony F. Paterna, Richard M. Gale, Miami, for appellant.

William Wetzel, Hialeah City Atty., and Richard W. Gross, Deputy City Atty., for appellee.

Before HUBBART, DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

The issue in the trial court on a complaint for declaratory judgment action was: Where an employee of a self-insured municipality, rendered permanently and totally disabled in a job-related accident, is limited by municipal law to 75% of gross salary in early retirement pension benefits including workers' compensation benefits, may the municipality recover, in set-offs against periodic pension payments, more than the actual

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