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NEWHOUSER v. BOARD OF TRUSTEES

Docket No. 27009.

15 Cal.App.3d 322 (1971)

93 Cal. Rptr. 166

JERRY NEWHOUSER et al., Plaintiffs and Appellants, v. BOARD OF TRUSTEES OF THE POLICE AND FIRE RELIEF OR PENSION FUND OF THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF ALBANY et al., Defendants and Appellants.

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

February 17, 1971.

Attorney(s) appearing for the Case

COUNSEL

Carroll, Davis, Burdick & McDonough, Davis, Cowell & Bowe and Philip Paul Bowe for Plaintiffs and Appellants.

Lawrence D. Saler, City Attorney, for Defendants and Appellants.

OPINION

TAYLOR, J.

These cross-appeals are from a judgment granting a peremptory writ of mandate, directing the Board of Trustees of the Police and Fire Commissioners of the City of Albany, its City Council and Auditor (hereafter City) to pay fluctuating retirement benefits pursuant to sections 50(c) and 50(d) of its charter. Plaintiffs, six retired police and firemen of the City of Albany, appeal from a portion of the judgment, contending...

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