HEFLIN, Chief Justice.
This appeal is from a declaratory judgment proceeding in Mobile Circuit Court, in which Tillman, a former fireman of the City of Mobile, sought a declaration of his rights under a local policeman's and fireman's pension fund statute found in the 1964 Acts of Alabama, 1st Special Session, p. 326, approved September 2, 1964. These parties were before this court in Tillman v. Sibbles, 292 Ala. 355,
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