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CROSBY v. CITY OF GASTONIA

No. 10-1153.

635 F.3d 634 (2011)

Dennis CROSBY, on behalf of himself and all others similarly situated; Jackie Steven Postell; Danny Ray Cochran, Plaintiffs-Appellants, v. CITY OF GASTONIA, a municipality existing under the laws of the State of North Carolina, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 10, 2011.

Attorney(s) appearing for the Case

ARGUED: Fred William DeVore, III , DeVore, Acton & Stafford, Charlotte, North Carolina, for Appellants. Benjamin Robert Sullivan, Jr. , Parker, Poe, Adams & Bernstein, LLP, Charlotte, North Carolina, for Appellee. ON BRIEF: Anthony Fox , Susan W. Matthews , Parker, Poe, Adams & Bernstein, LLP, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge KING wrote the opinion, in which Justice O'CONNOR and Judge DAVIS joined. Judge DAVIS wrote a separate concurring opinion.

OPINION

KING, Circuit Judge:

Retired officers of the Gastonia, North Carolina Police Department appeal the district court's judgment in favor of the City of Gastonia with respect to several claims arising from the failure of the Gastonia Policemen's Supplemental Pension Fund (the "Fund"). The judgment incorporated by reference the court's final Order, which dismissed the officers' federal claim and granted summary judgment to the City on a pair of related...

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