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STATE EX REL. NELSON v. CITY OF BERKELEY

No. 74923.

991 S.W.2d 747 (1999)

STATE of Missouri ex rel., Jerry NELSON, Relator-Respondent, v. CITY OF BERKELEY, Respondent-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

May 18, 1999.

Attorney(s) appearing for the Case

Elbert A. Walton, Jr., St. Louis, for appellant.

Richard Andrew Barry, III, St. Louis, for respondent.

MOONEY, Judge.

The City of Berkeley ("Respondent") appeals the trial court's grant of summary judgment in favor of Jerry Nelson ("Relator") in an action for mandamus seeking to compel Respondent to pay disability retirement benefits to Relator. We reverse and remand with directions.

By vote of the Board of Trustees of the Police and Firemen's Retirement Fund of the City of Berkeley ("the Board"), Relator, a commissioned officer of the City of Berkeley Police...

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