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O'CALLAGHAN v. RET. BD. OF FIREMEN'S ANN. & BENEFIT FUND

No. 1-98-0068.

706 N.E.2d 979 (1998)

Emmett O'CALLAGHAN, Plaintiff-Appellant, v. RETIREMENT BOARD OF FIREMEN'S ANNUITY AND BENEFIT FUND OF CHICAGO, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied January 13, 1999.

Attorney(s) appearing for the Case

Martin O. Holland, of counsel, Chicago, for Plaintiff-Appellant.

Fagel & Haber, Chicago (Lawrence T. Krulewich, of counsel), for Defendant-Appellee.

Justice HOFFMAN delivered the opinion of the court:

The plaintiff, Emmett O'Callaghan, appeals from the circuit court's judgment affirming defendant Retirement Board of Firemen's Annuity and Benefit Fund of Chicago's (Board) denial of his applications for duty disability benefits and ordinary disability benefits under sections 151 and 152 of the Illinois Pension Code (Code) (40 ILCS 5/6-151, 152 (West 1996)), respectively. The plaintiff contends that (1) the Board...

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