Miller v. City of Wilmington

SHORT, Vice Chancellor:

Plaintiff brings this action for a declaratory judgment against the trustees of the Wilmington Police Pension Board praying the court to declare that he is entitled to receive a disability pension beginning in October, 1968, the date of plaintiff’s application for pension. Defendants have filed a motion to dismiss for failure to state a claim upon which relief can be granted. The motion is founded on defendants’ interpretation of 50 Del.Laws, Ch. 636, the Wilmington Police Pension Fund statute. This is the decision on defendants’ motion.

Plaintiff, a city policeman, was…