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LOVELLETTE v. CITY OF BALTIMORE

[No. 128, September Term, 1982.]

297 Md. 271 (1983)

465 A.2d 1141

ELISHA LOVELLETTE, JR. v. MAYOR AND CITY COUNCIL OF BALTIMORE AND SUBSEQUENT INJURY FUND

Court of Appeals of Maryland.

Decided September 28, 1983.

Attorney(s) appearing for the Case

William H. Engelman, with whom were Kaplan, Heyman, Greenberg, Engelman & Belgrad, P.A. on the brief, for appellant.

L. William Gawlik, Assistant City Solicitor, with whom were Benjamin L. Brown, City Solicitor, and Sheldon H. Press, Chief Solicitor, on the brief, for appellee Mayor and City Council of Baltimore. John J. Szymanski, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee Subsequent Injury Fund.

The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.

MURPHY, C.J., delivered the opinion of the Court.

This case involves a workmen's compensation claim filed by a municipal fire fighter pursuant to Maryland Code (1957, 1979 Repl. Vol.) Article 101, § 64A, which provides in pertinent part:

"(a) Any condition or impairment of health of any paid municipal ... fire fighter ... caused by lung diseases, heart diseases, or hypertension ... resulting in total or partial disability or death shall be presumed to...

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