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FREDERICK ET AL. v. CITY OF BUTLER ET AL.

No. 2009 C.D. 1978.

45 Pa.Commw. 621 (1979)

Leroy S. Frederick et al., Appellants v. The City of Butler and Police Pension Board of Managers, Appellees.

Commonwealth Court of Pennsylvania.

September 13, 1979.

Attorney(s) appearing for the Case

Lee C. McCandless, with him McCandless & Krizner, for appellants.

Martin J. O'Brien, for appellees.

Argued May 9, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., MENCER, BLATT, DiSALLE, CRAIG and MacPHAIL. Judges WILKINSON, JR. and ROGERS did not participate.

OPINION BY JUDGE MENCER, September 13, 1979:

A group of retired police officers of the City of Butler and the widows of police officers who had died prior to September 1, 1965, have appealed an order of the Court of Common Pleas of Butler County, dismissing their complaint in mandamus. The policemen seek to compel the City of Butler (Butler) to increase their pensions pursuant to Section 4303.1 of The Third Class City Code (Code), Act of June 23, 1931, P.L. 932, ...

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