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COUSINS v. CITY OF NEW ORLEANS

No. 90-CA-1110.

594 So.2d 1107 (1992)

Eugene V. COUSINS v. The CITY OF NEW ORLEANS and the New Orleans Fire Department.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Granted May 8, 1992.

Attorney(s) appearing for the Case

Edward P. Gothard, Edward J. McCloskey, McClosky, Langenstein & Stoller, New Orleans, for plaintiff/appellant.

William Aaron Jr., City Atty., Beverly Zervigon, Acting Chief Deputy City Atty., Val K. Scheurich III, Belhia Martin, Deputy City Attys., Joyce M. Gerdes, Louella Givens, Richard C. Bates, Dwight Norton, Asst. City Attys., New Orleans, for defendants/appellees.

Before ARMSTRONG and PLOTKIN, JJ., and TREVOR G. BRYAN, J. Pro. Tem.

ARMSTRONG, Judge.

This case comes before us on remand from the Louisiana Supreme Court1 for the limited purpose of determining whether plaintiff, Eugene V. Cousins, a disabled New Orleans firefighter, is receiving disability pension benefits, which serve to reduce his worker's compensation benefits under La.R.S. 23:1225(C)(1), or tenure-based retirement pension benefits, which do not reduce compensation benefits.2

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