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CITY OF SAN JOSE v. FORSYTHE

Docket No. 24303.

261 Cal.App.2d 114 (1968)

67 Cal. Rptr. 754

CITY OF SAN JOSE et al., Plaintiffs and Appellants, v. CHESTER L. FORSYTHE et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

April 15, 1968.

Attorney(s) appearing for the Case

Ferdinand P. Palla, City Attorney, and Richard K. Karren, Assistant City Attorney, for Plaintiffs and Appellants.

Foley & Foley and William J. Foley for Defendants and Respondents.

SHOEMAKER, P.J.

Plaintiffs City of San Jose, the Retirement Board of the Federated City Employees' Retirement System, and Jack Marzluft, the city auditor, brought this action for declaratory relief against defendants Chester Forsythe and the Municipal Employees' Credit Union of San Jose.

The facts are without dispute.

Defendant Forsythe was an employee of plaintiff city from March 1, 1962 until March 2, 1964 and while so employed was a member of the...

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