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In the Matter of the Application of JOHN D.L. GOUGH, Petitioner, Respondent, for an Order Pursuant to Article 78 of the Civil Practice Act, against LEWIS J. VALENTINE, as Police Commissioner of the City of New York and as Trustee of the Police Pension Fund, Appellant.

Final order unanimously reversed, with costs and disbursements to the appellant, and the petition dismissed, on the authority of Matter of Eichler v. McElligott ( 259 App. Div. 151; affd., 283 N.Y. 716). Settle order on notice.

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MATTER OF GOUGH v. VALENTINE
(Dec 6, 1940)