CITY OF MIAMI BEACH v. CLEARY


75 So.2d 792 (1954)

CITY OF MIAMI BEACH, a Municipal Corporation, Appellant, v. D.J. CLEARY, William Johnson, Ed Hancock, Frank Fitzpatrick, James Wages, Thomas Nunn, Virgil Miller, Jack Farrell, and Peter Stewart, As the Board of Trustees for the City Pension Fund for Firemen and Policemen in the City of Miami Beach, Florida, Appellees.

Supreme Court of Florida. Special Division B.

November 16, 1954.


Attorney(s) appearing for the Case

Ben Shepard, Miami, and Joseph A. Wanick, Miami Beach, for appellant.

Irving Cypen and Michael H. Salmon, Miami Beach, for appellees.


DREW, Justice.

The City of Miami Beach filed a complaint seeking a judicial determination concerning certain sections of the personnel rules adopted pursuant to the Civil Service Act governing City of Miami Beach and certain provisions contained in the Pension Plan for Police and Firemen of said City of Miami Beach. Chapter 23414, Sp.Laws of Florida, Acts of 1945 and acts amendatory thereof and supplemental thereto.

The personnel rules of the City of Miami...

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