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POLICE PENSION AND RELIEF BOARD v. BEHNKE

No. 18267.

316 P.2d 1025 (1957)

POLICE PENSION AND RELIEF BOARD and Edward O. Geer (substituted for Charles J. Lowen), James T. O'Donnell, Duane Borden, Timothy Crow (substituted for Harry Brofman, Harold A. Dill, and Morris A. Pade), and Ivan Eldher, as Members Thereof; Thomas G. Currigan (substituted for William H. McNichols) as Auditor of the City and County of Denver; and the City and County of Denver, a municipal corporation, Plaintiffs in Error, v. Charles BEHNKE, Artie D. Davis, Raymond W. Fell, and Frank G. Knaus, on behalf of themselves and All Other Persons Similarly Situated, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied November 12, 1957.

Attorney(s) appearing for the Case

John C. Banks, Horace N. Hawkins, Jr., Denver, for plaintiffs in error.

E. F. Conly, Denver, for defendants in error.

HALL, Justice.

On April 4, 1956 four members of the Denver Police Department, for themselves and for all other persons similarly situated, filed their complaint against the Denver Police Pension and Relief Board, the five members thereof, and William H. McNichols, auditor of Denver, seeking a declaratory judgment determining the status and legal rights of the plaintiffs, injured and totally disabled members of the Denver Police Department.

On October 30, 1956...

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