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GENKINGER v. NEW CASTLE

368 Pa. 547 (1951)

Genkinger v. New Castle, Appellant.

Supreme Court of Pennsylvania.

November 15, 1951.

Attorney(s) appearing for the Case

Alvah M. Shumaker, with him Ralph A. Cooper, for appellants.

Sherman K. Levine, District Attorney, with him John S. Powers, Robert White, City Solicitor, and Robert E. Jamison, Assistant City Solicitor, for appellee.

Before DREW, C.J., STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE BELL, November 15, 1951:

Plaintiff brought a taxpayer's bill to declare null and void an ordinance of the City of New Castle, enacted December 1, 1947, setting up a pension or retirement system for officers and employees of the City, and praying for an injunction to prevent payments thereunder by the City to the Officers' and Employees' Retirement Board.

Municipalities are not sovereigns...

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