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ABBOTT v. CITY OF LOS ANGELES

Docket Nos. L.A. 24354, 24355, 24356, 24357, 24358.

50 Cal.2d 438 (1958)

326 P.2d 484

RUTH ABBOTT et al., Appellants, v. CITY OF LOS ANGELES et al., Respondents. EVA A. ADAMS et al., Appellants, v. CITY OF LOS ANGELES et al., Respondents. MARGARET ABNEY, as Special Administratrix, etc., et al., Appellants, v. CITY OF LOS ANGELES et al., Respondents. FRED H. BEHRNS et al., Appellants, v. CITY OF LOS ANGELES et al., Respondents. ELIZABETH M. MASON et al., Appellants, v. CITY OF LOS ANGELES et al., Respondents.

Supreme Court of California. In Bank.

June 6, 1958.

Attorney(s) appearing for the Case

Kenneth Sperry for Appellants.

Ball, Hunt & Hart and Joseph A. Ball as Amici Curiae on behalf of Appellants.

Roger Arnebergh, City Attorney, Bourke Jones and John J. Tully, Jr., Assistant City Attorneys, Weldon L. Weber and John F. Feldmeier, Deputy City Attorneys, for Respondents.

SCHAUER, J.

In these five cases, consolidated for trial, plaintiffs appeal from adverse judgments in their actions seeking to enforce pension payments upon a fluctuating basis (i.e., based upon salaries currently being paid from time to time) rather than in fixed amounts determined at the time the pension is granted. Defendants are the city of Los Angeles and its board of pension commissioners. We have concluded that charter amendments by which fixed payment pensions...

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