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TESTON v. CITY OF TAMPA

No. 2191.

133 So.2d 593 (1961)

Kenneth TESTON and R.O. Lee, Appellants, v. CITY OF TAMPA, a municipal corporation, and H.D. Pelhank, G.M. Echelman, M.D., L.E. Enzweiler, James E. White, L.C. Lehman, H.C. Fields, Neal G. Brown, L.E. Jones and William Kaplan, as and constituting the Board of Trustees of the Police and Firemans Pension Fund of the City of Tampa, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied October 31, 1961.

Attorney(s) appearing for the Case

Bucklew, Ramsey & Phillips, Tampa for appellants.

Paull E. Dixon, A. Broaddus Livingston, and Robert H. Carlton, Tampa, for appellees.

WHITE, Judge.

The appellants are former employees of the City of Tampa who have appealed an order of the trial court dismissing without prejudice their complaint under the Declaratory Judgment Act, Florida Statutes, Sections 87.01 and 87.02, F.S.A., by which they sought a decree construing the Tampa Police and Firemen's Pension Act, Chapter 21590, Laws of Florida, Special Acts of 1941, and directing the Board of Trustees of the Pension Fund to retire them with "line...

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