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DERBY v. POLICE PENSION AND RELIEF BOARD

No. 21026.

412 P.2d 897 (1966)

Franklin M. DERBY, Charles C. Kreis, Jr., and Charles D. Overheiser, on Behalf of themselves and all other persons similarly situated, Plaintiffs in Error, v. POLICE PENSION AND RELIEF BOARD OF the CITY AND COUNTY OF DENVER, Joseph Breuch, Harry Brofman, Eugene Covello, Ray Olsen and Daniel S. Hoffman, as members of said Board, Charles D. Byrne, as Auditor of the City and County of Denver, Charles L. Temple, as Manager of Revenue and Ex-Officio Treasurer of the City and County of Denver, State of Colorado, and the City and County of Denver, a municipal corporation of the State of Colorado, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 25, 1966.

Attorney(s) appearing for the Case

Robert W. Smedley, Abe L. Hoffman, Denver, for plaintiffs in error.

Max P. Zall, Horace N. Hawkins, Jr., Denver, for defendants in error.

SCHAUER, Justice.

The parties appear here in the same order as they appeared in the trial court and will be referred to as they there appeared.

The named plaintiffs brought the action on behalf of themselves and all other persons similarly situated. The class represented in this action was defined as police officers in the classified Civil Service of the City and County of Denver, who were required to contribute a percentage of their salary to the Police Pension...

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