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WARNER v. BOARD OF TRUSTEES OF POLICE PENSION FUND

No. 74-2303.

528 F.2d 505 (1976)

William J. WARNER, Jr., et al., etc., Plaintiffs-Appellants, v. BOARD OF TRUSTEES OF the POLICE PENSION FUND OF the CITY OF NEW ORLEANS, and its MEMBERS, CAPT. Alvin H. Rankin, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 27, 1976.

Attorney(s) appearing for the Case

Henry L. Klein, New Orleans, La., for plaintiffs-appellants.

Lamar Richardson, Jr., Metairie, La., for John Suitt.

Richard A. Dowling, Dorothy D. Wolbrette, Bueker F. Amann, Asst. City Atty., New Orleans, La., for Police Pension.

William J. Guste, Jr., Atty. Gen., Baton Rouge, La., Philip D. Lorio, III, Asst. City Atty., New Orleans, La., for defendants-appellees.

Before BROWN, Chief Judge, TUTTLE, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, MORGAN, CLARK, RONEY, GEE and TJOFLAT, Circuit Judges.

PER CURIAM:

This appeal presents the same jurisdictional issues as are involved in Muzquiz v. City of San Antonio, 5 Cir. 1976, 528 F.2d 499, today decided.

The trial court's order dismissing the complaint for want of § 1983 jurisdiction was proper for the reasons stated by us in Muzquiz.

Affirmed.

JOHN R. BROWN, Chief Judge (dissenting and concurring in part).

I dissent in part and...

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