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CITY OF CEDAR RAPIDS v. MUN. FIRE & POLICE

No. 93-1760.

526 N.W.2d 284 (1995)

CITY OF CEDAR RAPIDS, Iowa, Appellant, v. MUNICIPAL FIRE AND POLICE RETIREMENT SYSTEM OF IOWA, Appellee, and Frank D. Gardner, Intervenor-Appellee.

Supreme Court of Iowa.

January 18, 1995.

Attorney(s) appearing for the Case

James H. Flitz, City Attorney's Office, Cedar Rapids, for appellant.

Alice E. Helle and James H. Gilliam of Brown, Winick, Graves, Donnelly, Baskerville, and Schoenebaum, Des Moines, for appellee.

Robert F. Wilson, Cedar Rapids, for intervenor-appellee.

Considered by CARTER, P.J., and LAVORATO, NEUMAN, SNELL, and TERNUS, JJ.

LAVORATO, Justice.

The Municipal Fire and Police Retirement System of Iowa (System) awarded Frank D. Gardner, a firefighter, accidental disability benefits. The City of Cedar Rapids (City), Gardner's employer, appealed to the district court via certiorari, raising two issues. First, the City contended there was no substantial evidence that Gardner's disability resulted from an injury or disease as defined in Iowa Code section 411.6(5) (1991). Second, the City contended...

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