Indiana Court of Appeals December 27, 1978, No. 3-677A150 (Bobson v. City of Mishawaka)

Staton, J.

While receiving disability retirement from the City of Mishawaka, plaintiff Fred G. Fechner, a disabled retired fireman, applied for voluntary retirement under IC 1971,19-1-37-14, Ind.Ann.Stat. § 48-6528 (Burns Code Ed.). The trial court entered summary judgment for the City of Mishawaka, et al. Fechner appeals.1

We find that Fechner was entitled to receive voluntary retirement.