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CITY OF PHOENIX v. BOERGER

Nos. 1 CA-CIV 347, 1 CA-CIV 509.

5 Ariz. App. 445 (1967)

427 P.2d 937

The CITY OF PHOENIX, a municipal corporation, and its Respective Officers, the Auditor of the City of Phoenix, and the Board of Trustees of the Firemen's Relief and Pension Fund, Appellants, v. Milton F. BOERGER, Appellee. The BOARD OF TRUSTEES OF the FIREMEN'S RELIEF AND PENSION FUND, Appellant, v. The CITY OF PHOENIX, a municipal corporation, Appellee.

Court of Appeals of Arizona.

Rehearing Denied June 6, 1967.

Review Denied September 21, 1967.

Attorney(s) appearing for the Case

Robert J. Backstein, City Atty. of Phoenix, Dow Ben Roush and Allen L. Feinstein, Phoenix, for City of Phoenix.

James P. Cunningham, Phoenix, for Milton F. Boerger, appellee, and Board of Trustees of Firemen's Pension and Relief Fund, appellant.

STEVENS, Judge.

The Firemen's Relief and Pension Fund, hereinafter called The Fund, was created by the Arizona Legislature. Each governmental unit to which the legislation applies, including the City of Phoenix, has a separate autonomous fund. Without being specific at this point in the opinion, and speaking in general terms only, the original act specified the contributions to The Fund; the persons entitled to receive benefits from The Fund; the amounts and conditions...

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