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FOTI v. BD. OF TRUST. OF FIREMEN'S PENSION

No. 01-CA-1324.

817 So.2d 233 (2002)

Gerald J. FOTI, Sr. v. The BOARD OF TRUSTEES OF the FIREMEN'S PENSION AND RELIEF FUND FOR the CITY OF KENNER, Louisiana and the City of Kenner.

Court of Appeal of Louisiana, Fifth Circuit.

April 10, 2002.

Attorney(s) appearing for the Case

Jeffery P. Brothers, David L. Colvin, Gretna, LA, for Appellant Gerald J. Foti, Sr.

Keely Y. Scott, Holly A. Graphia, Baton Rouge, LA, for Appellees City of Kenner, The Kenner Fire Department and the Board of Trustees of the Firemen's Pension and Relief Fund for the City of Kenner.

Panel composed of Judges EDWARD A. DUFRESNE, Jr., JAMES L. CANNELLA and MARION F. EDWARDS.

CANNELLA, Judge.

Plaintiff, Gerard Foti, Sr., appeals from a judgment granting a peremptory exception of prescription filed by the Defendants, The Board of Trustees of the Firemen's Pension and Relief Fund for the City of Kenner (the Board) and the City of Kenner (Kenner). We reverse and remand.

Plaintiff, a Kenner fireman, was terminated from his employment on November 1, 1990 because of a disabling physical condition unrelated to his employment. He subsequently...

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