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  5. 456 S.W.2d 434 (1970)
 

CREPS v. BOARD OF FIREMEN'S RELIEF & RETIREMENT FUND TR.

Nos. 7997, 7998.

456 S.W.2d 434 (1970)

Billy Joe CREPS et al., Appellants and Cross Appellees, v. BOARD OF FIREMEN'S RELIEF & RETIREMENT FUND TRUSTEES OF AMARILLO, Texas, Appellees and Cross Appellants.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied June 8, 1970.

Attorney(s) appearing for the Case

Lockhart, Lindsey & Neal, and Connally Lockhart, Amarillo, for appellants and cross appellees.

C. J. Taylor, Jr., City Atty., Larry Brandon, Asst. City Atty., for appellees and cross appellants.

ON MOTION FOR REHEARING

JOY, Justice.

Our opinion of March 16, 1970 is hereby withdrawn and this opinion substituted therefor.

Two suits were filed by terminated firemen against the Board of Firemen's Relief & Retirement Fund Trustees to recover contributions to fund. The suits were consolidated and all parties to the suits have appealed from judgment of the trial court granting recovery of moneys by six plaintiffs and denying recovery by 17...

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