POLICE PENSION BD. OF CITY OF PHOENIX v. Warren

400 P.2d 105, 97 Ariz. 301, 1965 Ariz. LEXIS 209

Opinion

STRUCKMEYER, Vice Chief Justice.

In the decision in this case we assumed that appellee terminated her services with the City of Phoenix at the time of her application for retirement. Appellee in her motion for rehearing states, although the record does not so disclose, that she is still in the employ of the City of Phoenix. We accept appellee’s statement that she continued as an employee after her application for retirement. Whether appellee did or did not continue as an employee is a fact wholly unrelated to any reason governing the disposition of the appeal.

Appellee’s motion for rehearing is denied.

UDALL and McFARLAND, JJ., concur.

LOCKWOOD, C. J., and BERNSTEIN, J., dissent from the Order Denying the Motion for Rehearing, on the grounds set forth in the dissenting opinion attached to the original opinion of the Court.