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BOARD OF TRUSTEES OF EMP. RETIRE. SYS. v. TALLEY

SC 116.

280 So.2d 553 (1973)

BOARD OF TRUSTEES OF EMPLOYEES' RETIREMENT SYSTEM OF the CITY OF MONTGOMERY, Alabama, et al. v. Dorothy Carr TALLEY.

Supreme Court of Alabama.

Rehearing Denied August 2, 1973.

Attorney(s) appearing for the Case

Walter J. Knabe, Montgomery, for Board of Trustees of Employees' Retirement System of the City of Montgomery.

Joseph D. Phelps, Montgomery, for City of Montgomery.

Calvin M. Whitesell, Montgomery, for appellee.

HEFLIN, Chief Justice.

This is an appeal from a final decree entered by the Circuit Court of Montgomery County, in equity, declaring Paragraph 17 of Section 6 of Ordinance 12-65 of the City of Montgomery to be unconstitutional and awarding the appellee-complainant Mrs. Talley a gross sum of $7,466.76 and monthly payments of $118.52 for life.

The instant controversy involves the retirement system provided by the City of Montgomery by Ordinance Number 12-65...

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