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KABELKA v. CITY OF NEW YORK

No. 67 Civ. 2785.

272 F.Supp. 998 (1967)

Franklin H. KABELKA, Plaintiff, v. The CITY OF NEW YORK, the New York Fire Department, the Fire Commissioner, Medical Board of the New York City Fire Department, the Article 1B Medical Board of the New York City Fire Department, and the New York City Fire Department Article 1B Pension Board, Defendants.

United States District Court S. D. New York.

September 11, 1967.

Attorney(s) appearing for the Case

Minnie Warshaw and Donald S. Sherwood, New York City, for plaintiff.

J. Lee Rankin, Corp. Counsel, New York City, for defendants.

MANSFIELD, District Judge.

Plaintiff, a New York City fireman, seeks declaratory, injunctive, and other relief, which would have the effect of postponing or setting aside his retirement as voted by the Board of Trustees of the New York City Fire Department Article 1B Pension Fund ("Trustees" herein), to become effective August 11, 1967. The Trustees purported to act pursuant to authority vested in them by § B19-7...

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