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FRATERNAL ORDER OF FIREMEN OF WILMINGTON v. SHAW

196 A.2d 734 (1963)

The FRATERNAL ORDER OF FIREMEN OF WILMINGTON, DELAWARE, INC., a corporation of the State of Delaware, and John P. Zebley, Plaintiffs, v. Robert P. SHAW et al., constituting the Board of Trustees of the Firemen's Pension Fund, of the City of Wilmington, Defendants, and Francis J. Maloney, Intervening Defendant.

Supreme Court of Delaware.

December 10, 1963.

Attorney(s) appearing for the Case

Herman Cohen, Wilmington, for the plaintiffs.

O. Francis Biondi and Frank J. Gentile, Jr., Wilmington, for the defendants, constituting the Board of Trustees of the Firemen's Pension Fund of the City of Wilmington.

Joseph T. Walsh, Wilmington, for Francis J. Maloney, intervening defendant.

Clair J. Killoran and E. Dickinson Griffenberg, Jr., of Killoran & Van Brunt, Wilmington, appearing for Association of Retired Delaware State Police, Inc. as amicus curiae.

TERRY, Chief Justice, and WOLCOTT and CAREY, JJ., sitting.

TERRY, Chief Justice:

On June 25, 1963, the Governor signed into law legislation which purported to increase pensions payable to firemen and widows of deceased firemen who had retired prior to or will retire subsequent to the effective date of the act. Plaintiffs, a retired fireman and a Firemen's Association, filed a complaint for temporary restraining order, preliminary injunction, and permanent injunction, seeking to enjoin the defendants from paying any such increased...

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