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  5. 34 N.Y.2d 870 (1974)
 

MATTER OF ZIMET v. TEACHERS' RET. BD.

34 N.Y.2d 870 (1974)

In the Matter of Victor Zimet et al., Appellants, v. Teachers' Retirement Board et al., Respondents.

Court of Appeals of the State of New York.

Decided June 26, 1974.

Attorney(s) appearing for the Case

Samuel Resnicoff for appellants.

Adrian P. Burke, Corporation Counsel (Irving Cohen and Milton H. Harris of counsel), for respondents.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI and JONES. Judges WACHTLER and RABIN dissent in part and vote to modify on the dissenting memorandum by Mr. Justice THEODORE R. KUPFERMAN at the Appellate Division. Taking no part: Judge STEVENS.

Order affirmed, without costs...

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