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CREEL v. BD. OF MGRS. OF BIRMINGHAM

AV92000076.

628 So.2d 825 (1993)

Durden R. CREEL v. BOARD OF MANAGERS OF the CITY OF BIRMINGHAM RETIREMENT AND RELIEF SYSTEM.

Court of Civil Appeals of Alabama.

September 3, 1993.

Attorney(s) appearing for the Case

Raymond P. Fitzpatrick, Jr., and David M. Hunt of Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, for appellant.

William M. Pate, Jr., Asst. City Atty., City of Birmingham, for appellee.

YATES, Judge.

This case involves the denial of a petition for a writ of mandamus directing the Board of Managers to grant an application for extraordinary disability benefits pursuant to 1973 Alabama Acts, No. 1272 (Act 1272).

Durden R. Creel began working for the Birmingham Fire and Rescue Service (City) in 1986. It is undisputed that on August 31, 1990, he injured his back while on duty as a line firefighter. Creel was examined that afternoon in the emergency...

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