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CITY OF GREENWOOD v. SMITH

No. 1-976A160.

361 N.E.2d 168 (1977)

CITY OF GREENWOOD, Indiana and Board of Trustees, Police Pension Fund for the City of Greenwood, Appellants (Defendants below), v. Larry SMITH and Michael A. Osborne, Appellees (Plaintiffs below).

Court of Appeals of Indiana, First District.

March 30, 1977.

Attorney(s) appearing for the Case

John M. Smart, III, Greenwood, for appellants.

John P. Wilson, Anticliff & Wilson, Greenwood, for appellees.

LOWDERMILK, Judge.

Defendants-appellants, City of Greenwood, Indiana, and the Board of Trustees of the Police Pension Fund for the City of Greenwood (City), appeal from the adverse judgment of the trial court raising the following issue for our review:

1. Whether the judgment of the trial court is contrary to law.

The facts necessary for our disposition of this appeal are as follows: Plaintiff-appellee, Larry Smith (Larry), was a police officer for...

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