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FALLIN v. MAYOR ETC. OF BALTIMORE

[No. 11, October Term, 1949 (Adv.)]

193 Md. 464 (1949)

67 A.2d 256

FALLIN ET AL. v. MAYOR AND CITY COUNCIL OF BALTIMORE ET AL.

Court of Appeals of Maryland.

Decided June 28, 1949.

Attorney(s) appearing for the Case

R.E. Lee Marshall, with whom was Frank L. Fuller, III on the brief, for the appellants.

Allen A. Davis, Assistant City Solicitor of Baltimore, with whom were Thomas N. Biddison, City Solicitor, and Thomas M. Jacobs, Assistant City Solicitor, on the brief, for the appellees.

The cause was argued before MARBURY, C.J., DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.

HENDERSON, J., delivered the opinion of the Court.

This appeal is from a declaratory decree of the Circuit Court of Baltimore City, construing the Ordinance creating the Employees' Retirement System of Baltimore City as not obligating the city to pay a member, upon retirement, an annuity equal to his pension unless the actuarial equivalent of his accumulated contributions at the time of his retirement is equal to his pension.

The Retirement System was established...

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