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VIRGINIA RETIREMENT SYSTEM v. RIZZO

Record No. 0902-96-2.

479 S.E.2d 535 (1997)

23 Va. App. 698

VIRGINIA RETIREMENT SYSTEM, et al. v. Anthony M. RIZZO, Jr.

Court of Appeals of Virginia, Alexandria.

January 7, 1997.

Attorney(s) appearing for the Case

Michael K. Jackson, Senior Assistant Attorney General & Chief (James S. Gilmore, III, Attorney General; John Paul Woodley, Jr., Deputy Attorney General; John M. McCarthy, Senior Assistant Attorney General, on briefs), for appellants.

C. Waverly Parker, Stanardsville, for appellee.

Present: MOON, C.J., and FITZPATRICK and ANNUNZIATA, JJ.

ANNUNZIATA, Judge.

Appellant, Virginia Retirement System (VRS), denied the application for disability retirement benefits of appellee, Anthony M. Rizzo, Jr. On appeal, the Circuit Court of Orange County (circuit court) set aside the denial and remanded the matter for further proceedings. The circuit court's order was the subject of an appeal to this Court, which, in material respects, affirmed the circuit court's remand. VRS again denied benefits; Rizzo again appealed...

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