CLELAND v. CORRECTIONS OFFICER RET. PLAN

No. 2 CA-CV 91-0090.

169 Ariz. 252 (1991)

818 P.2d 237

Scott J. CLELAND, Plaintiff/Appellant, v. CORRECTIONS OFFICER RETIREMENT PLAN and its Fund Manager, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

September 24, 1991.


Attorney(s) appearing for the Case

Law Offices of Scott MacMillan Baker, P.C. by Scott M. Baker, Tucson, for plaintiff/appellant.

Lieberman, Dodge & Sendrow, Ltd. by Marc R. Lieberman, Phoenix, for defendants/appellees.


OPINION

LACAGNINA, Presiding Judge.

In this appeal from the judgment of the superior court, Scott J. Cleland argues that the Corrections Officer Retirement Plan (the Fund) and its manager abused their discretion by failing to properly weigh evidence of his accidental disability and that its definition of "gainful employment" violates A.R.S. § 38-881. We disagree and affirm.

FACTS AND PROCEDURAL HISTORY

On January 30, 1989, Cleland submitted...

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