HILLIGOSS v. LaDOW

No. 2-1276A448.

368 N.E.2d 1365 (1977)

Thomas J. HILLIGOSS and Kay Berryman, On Behalf of Themselves and All Others Similarly Situated, Appellants (Plaintiffs below), v. Arthur J. LaDow, As Mayor of the City of Kokomo, Indiana, Elva W. LaDow As Treasurer of Howard County, Indiana, Keith Anderson, As Chief of Police of the City of Kokomo, Indiana, Jerry C. Wilson, Henry Melton, Lawrence R. Darlin, Robert E. Lytle, Jerry K. Cody and Harold P. Braden, As Members of the Board of Trustees of the Police Pension Fund of the City of Kokomo, Indiana, Robert E. Massey, Ralph W. Neal, Douglas Hogan, Robert M. Louks, James T. Papacek, James S. Sutterfield, John W. Kennedy, James Mannion and Stephen Dailey, As Members of the Common Council of the City of Kokomo, Indiana, Appellees (Defendants below). Gerald Swing and Margaret Tomlinson, On Behalf of Themselves and All Others Similarly Situated, Appellants (Plaintiffs below), v. Arthur J. LaDow, As Mayor of the City of Kokomo, Indiana, Robert E. Donaghue, As Chief of the Fire Force of the City of Kokomo, Indiana, William D. Carter, Raymond D. Johnson, Morris J. Nichols, Robert M. Cox and William F. Hudelson, As Members of the Board of Trustees of the Firemen's Pension Fund of the City of Kokomo, Indiana, Robert E. Massey, Ralph W. Neal, Douglas Hogan, Robert M. Louks, James P. Papacek, James S. Sutterfield, John W. Kennedy, James Mannion and Stephen Dailey, As Members of the Common Council of the City of Kokomo, Indiana, Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

Rehearing Denied November 17, 1977.


Attorney(s) appearing for the Case

Donald A. Schabel, Indianapolis, Paul I. Hillis, Kokomo, for appellants.

William R. Nolan, II, Kokomo, William P. O'Mahoney, Kokomo, for appellees.


SULLIVAN, Presiding Judge.

The issues upon appeal involve health insurance benefits and clothing allowance payments and whether they constitute an inclusive factor upon which police or fire department pensions must be computed.

The case originally involved two separate class actions for mandate. Appellants Hilligoss and Berryman filed suit on behalf of themselves and all others similarly situated who are entitled to benefits from the Policemen's Pension Fund...

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