Legal Opinion

Burger v. Employees' Retirement System

California Court of Appeal

Decided January 15, 1951No. Civ. 14585PublishedCited by 14 opinions

1Opinion of the CourtDooling, J.

Plaintiff appeals from a judgment in an action for declaratory relief. Plaintiff is a retired member of the fire department of the city and county of San Francisco engaged in gainful employment. He was retired, not because of disability, on a pension on November 14, 1944, and at all times involved in this action he was under the age of 62 years.

The San Francisco charter prior to January 16, 1945, in section 163 thereof contained the following provision:

“Should any retired person, except persons retired for service prior to January 8, 1932, and persons retired because of disability . . .…

2Cases cited9 opinions

  1. Kaiser v. HopkinsCalifornia Supreme Court · 1936
  2. Darnall v. DaySupreme Court of Iowa · 1949
  3. Scott v. Commissioner of Civil ServiceMassachusetts Supreme Judicial Court · 1930
  4. Hoover v. SandifurWashington Supreme Court · 1946
  5. Michael Tuck Foundation, Inc. v. HazelcornCity of New York Municipal Court · 1946

4 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Lesher Communications, Inc. v. City of Walnut CreekCalifornia Supreme Court · 1990
  2. Atchley v. City of FresnoCalifornia Court of Appeal · 1984
  3. Witherspoon v. Superior CourtCalifornia Court of Appeal · 1982
  4. Universal Cable Productions v. Atlantic Specialty InsuranceCourt of Appeals for the Ninth Circuit · 2019
  5. Creighton v. City of Santa MonicaCalifornia Court of Appeal · 1984

9 more not listed; retrieve them via the Exa API.

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