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BERRY v. CITY OF PORTSMOUTH, VIRGINIA

No. 76-1762.

562 F.2d 307 (1977)

Bernard L. BERRY, Hanges D. Ivey, David B. Casteel, Melvin Ferguson, Ronald L. Davis, Paul E. Clark, Fred O. Archer, Ernest L. Ricketts, Joseph L. Petrie, Harrell N. King, Jr., and L. S. Maynard, on behalf of themselves and as representatives of and for and on behalf of all other persons similarly situated, Appellants, v. The CITY OF PORTSMOUTH, VIRGINIA, Board of Trustees of the Portsmouth Fire and Police Retirement System, William E. Kube, Richard D. Ottavio, Eugene G. Williams, James W. Bolding, Jr., Richard R. Wood, and Lee J. Hallett, Secretary, Portsmouth Fire and Police Retirement System, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 16, 1977.

Attorney(s) appearing for the Case

C. Michael Montgomery and Wayne Lustig, Norfolk, Va. (Campbell, Lustig & Hancock, Seawell, McCoy, Dalton, Hughes, Gore & Timms, Norfolk, Va., on brief), for appellants.

Gordon B. Tayloe, Jr., City Atty., Portsmouth, Va. (James T. Martin, Jr., Asst. City Atty., Portsmouth, Va., on brief), for appellees.

Before WIDENER and HALL, Circuit Judges, and WYZANSKI, Senior District Judge.

PER CURIAM:

The plaintiffs, appellants here, brought this action in the district court on behalf of themselves, all present employees of the Fire and Police Departments of the City of Portsmouth, Virginia, and all former employees, "currently receiving disability retirement benefits from the City whose benefits are or could be subject to reduction under § 31-162." No class has been certified and no question is made on appeal in any way connected with class actions...

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