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FUND MANAGER v. DEPT. OF PUBLIC SAFETY

No. 1 CA-CIV 9748.

157 Ariz. 324 (1988)

757 P.2d 128

The FUND MANAGER, PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM, Plaintiff-Appellee, v. DEPARTMENT OF PUBLIC SAFETY LOCAL RETIREMENT BOARD, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department D.

June 28, 1988.

Attorney(s) appearing for the Case

Eaton, Lazarus & Dodge, Ltd. by Marc R. Lieberman, Susan G. Sendrow, Phoenix, for plaintiff-appellee.

Robert K. Corbin, Atty. Gen. by Leonardo Ruiz, Asst. Atty. Gen., Phoenix, for defendant-appellant.

OPINION

FIDEL, Presiding Judge.

The Fund Manager, Public Safety Personnel Retirement System (Fund), successfully contended in the trial court that the Department of Public Safety Local Retirement Board (Board) had erroneously granted a disability pension to a state employee. At the conclusion of that proceeding the trial court ordered the Board to pay the Fund's attorney's fees and costs. We reverse the latter award, holding that it was self-negating in light...

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