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  5. 264 Cal.App.2d 781 (1968)
 

PHILLIS v. CITY OF SANTA BARBARA

Docket No. 31560.

264 Cal.App.2d 781 (1968)

70 Cal. Rptr. 573

J.D. PHILLIS et al., Plaintiffs and Appellants, v. CITY OF SANTA BARBARA et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Four.

August 7, 1968.

Attorney(s) appearing for the Case

Kenneth Sperry for Plaintiffs and Appellants.

Stanley T. Tomlinson, City Attorney, J.F. Goux and Kenneth R. Nuss for Defendants and Appellants.

FILES, P.J.

This is an action commenced in 1962 by J.D. Phillis, a former fireman of the City of Santa Barbara, and Justin J. O'Brien, a former policeman of that city, to recover retirement benefits. In a separate cause of action O'Brien seeks a return of the money deducted from his salary for the pension fund. The defendants will be referred to collectively as the city.

After the trial court sustained a demurrer and dismissed the action, the plaintiffs appealed...

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