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PAULK v. PADRON

No. 64-1030.

181 So.2d 24 (1965)

Robert L. PAULK, Jr., Benjamin E. Durfey, and Samuel E. Johns, individually and as participating members of the Miami Firemen's Relief and Pension Fund, Appellants, v. M. PADRON, J.W. Davis, L.L. Kenney, R.C. Olsen and L.D. Bowers, duly qualified and acting as the Board of Trustees of the Miami Firemen's Relief and Pension Fund, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied December 30, 1965.

Attorney(s) appearing for the Case

William W. Bailey, Miami, for appellants.

Irving Cypen, Miami Beach, Charles J. Bodner, Norman M. Sevin, Miami, for appellees.

Before TILLMAN PEARSON, CARROLL and SWANN, JJ.

CARROLL, Judge.

This appeal from a declaratory decree was taken by certain firemen of the City of Miami who intervened. The determinative question is whether participation in the Municipal Firemen's Pension Trust Fund of the City of Miami is limited to "duly appointed and enrolled firemen" or includes any and all other employees of the fire department whose duties call upon them to engage in fire fighting or fire prevention work. The trial judge held participation...

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