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ROTH v. PUBLIC EMPLOYEES RETIREMENT BOARD OF OHIO

No. 74AP-403.

44 Ohio App. 2d 155 (1975)

ROTH ET AL., APPELLANTS, v. PUBLIC EMPLOYEES RETIREMENT BOARD OF OHIO ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided January 28, 1975.

Attorney(s) appearing for the Case

Gene Mesh Co., L. P. A., for appellants.

Mr. William J. Brown, Attorney General, and Mr. Thomas R. Anderson, for appellees.

HOLMES, J.

This matter involves the appeal of a declaratory judgment entered in the Common Pleas Court of Franklin County, Ohio, which determined that R. C. 145.02, the section of law dealing with exclusions from membership in the Public Employees Retirement System (PERS), was a constitutional law. The action was originally filed in the Court of Common Pleas of Hamilton County as a class action on behalf of the plaintiffs, and all others similarly

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