State Ex Rel. O'Neal v. Cros

Robert A. O’Neal, plaintiff-appellant, brings this appeal following entry of judgment in favor of defendants-appellees (hereinafter referred to as Pension Board).

The facts are uncontroverted. The judgment was entered based on the pleadings, a stipulation of facts and trial briefs submitted by each litigant. No evidentiary proceeding was held. The stipulated facts of relevance show that O’Neal was an employee of the Indiana State Police from April, 1934, until March, 1953. Upon leaving that employment he received a pension of $106.16 per month until January, 1965. At that time O’Neal rejoined…