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SCHMIDT v. ALLEGHENY CO. RETIREMENT BD.

394 Pa. 105 (1958)

Schmidt, Appellant, v. Allegheny County Retirement Board.

Supreme Court of Pennsylvania.

November 10, 1958.

Attorney(s) appearing for the Case

Robert F. Banks, with him Reed, Smith, Shaw & McClay, for appellant.

John P. Hester, Solicitor, for Allegheny County Employes Retirement System, appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE COHEN, November 10, 1958:

The appellant, Edward Lewis Schmidt, filed a complaint in mandamus to compel the Retirement Board of Allegheny County to pay him a retirement allowance. The Retirement Board filed an answer admitting the material allegations of fact in the complaint, whereupon Schmidt moved for judgment on the pleadings. The lower court refused Schmidt's motion and instead entered judgment for the defendant. This appeal followed.

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