ADAMS v. SCHRUNK


488 P.2d 831 (1971)

Paul ADAMS et al., Appellants, v. Terry D. SCHRUNK et al., Respondents.

Court of Appeals of Oregon, Department 2.

Decided September 21, 1971.

Rehearing Denied October 14, 1971.

Review Denied November 16, 1971.


Attorney(s) appearing for the Case

Lewis B. Hampton, Beaverton, argued the cause for appellants. With him on the brief were Myatt, Bolliger, Hampton & Freerksen, Beaverton.

Ellis E. Gerdes, Portland, argued the cause for respondents. With him on the brief was Marian C. Rushing, Portland.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.


FORT, Judge.

This is a declaratory judgment proceeding brought by Portland police officers against the city and the board of trustees of its fire and police disability and retirement fund. Plaintiffs seeks a declaration that their initial temporary service before permanent appointment counts for eligibility for retirement and computation of benefits therefor. The trial court held against them and they appeal.

A chronology of the factual situation follows....

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