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PERKINS v. CITY OF POCATELLO

No. 10150.

448 P.2d 250 (1968)

92 Idaho 635

John D. PERKINS et al., Plaintiffs-Respondents and Cross-Appellants, v. CITY OF POCATELLO, a municipal corporation of Idaho, E.A. Bogert, Norman Vaughn, Earl Pond, Rampton Barlow, Joel Anderson, Don Brennan, and Fred Snyder, City Commissioners, City of Pocatello, and W.D. Webb, City Manager, City of Pocatello, Defendants-Appellants and Cross-Respondents.

Supreme Court of Idaho.

December 5, 1968.

Attorney(s) appearing for the Case

Gerald W. Olson, Pocatello, for appellants.

Baum, Peterson & Kugler, Pocatello, for respondents.

McFADDEN, Justice.

The plaintiffs-respondents, policemen of the City of Pocatello, instituted this action against the City, its Council and Manager, defendants-appellants, seeking an order requiring that additional funds be paid into the City's Policemen's Retirement Fund. Following answer by the appellants, both parties moved for a summary judgment on the basis of pleadings and affidavits submitted by each of the parties. An "Order on Summary Judgment" was entered...

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