MELLOTT v. CARROCCI


124 A.2d 4 (1956)

Elwood MELLOTT, Appellant Plaintiff Below, v. Louis F. CARROCCI, John F. Headley, Edward P. Horgan, Walter L. Warren, John P. Zebley, Charles W. Lawson, James T. Chandler, Jr., Frank J. Horty, Joseph A. Bruno, Sr., and Frank J. Corsano, Members of and Constituting the Trustees of Firemen's Pension Fund, Appellees, Defendants Below.

Supreme Court of Delaware.

June 28, 1956.


Attorney(s) appearing for the Case

Samuel Keil and Harold Shaffer, Wilmington, for appellant.

Januar D. Bove, Jr., and William F. Lynch, II, Wilmington, for appellees.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.


WOLCOTT, Justice.

This appeal involves the determination of the amount of pension due the appellant, a retired fireman of the City of Wilmington.

The appellant retired on April 6, 1952 under the provisions of 33 Laws, Ch. 118, amended by 45 Laws, Ch. 168, which provide for the payment to a retiring fireman of a pension in "an amount equal to one-half of the amount of his salary at the time of his retirement."

The appellees, constituting the Board of...

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