Anderson v. Board of Education

Plaintiff moves for summary judgment and defendant cross-moves for similar relief. The agreed statement of facts establish: plaintiff was continuously employed as a teacher by defendant for some 22 years; that in 1948, defendant established and promulgated a “ Supplementary Retirement Plan ” for the benefit of its employees; that it was medically determined in October of 1955, that plaintiff was “ permanently and totally incapacitated through sickness due to no fault of his own ’ ’.

It further appears that plaintiff had previously made virtually heroic efforts to continue teaching. This was…