BOARD OF TRUSTEES, ETC. v. CARY

Civ. 1293.

373 So.2d 838 (1978)

BOARD OF TRUSTEES OF the POLICEMEN'S AND FIREMEN'S RETIREMENT FUND OF the CITY OF GADSDEN, Alabama v. Charles G. CARY, Chief of Police of the City of Gadsden, et al.

Court of Civil Appeals of Alabama.

Rehearing Denied May 31, 1978.


Attorney(s) appearing for the Case

Kathleen M. Warren, Gadsden, for appellants.

James F. Hinton, Gadsden, for appellees.


WRIGHT, Presiding Judge.

Defendants in an action for declaratory judgment appeal from judgment rendered below. Plaintiffs, policemen and firemen, active or retired, of the City of Gadsden, petitioned for a declaration of whether pension benefits granted under Act No. 226, Regular Session of the Legislature, 1959 were vested and not subject to change or alteration by passage of Act No. 904, Regular Session, 1975.

Facts necessary for submission were stipulated...

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