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SMITH v. CITY OF SOUTH BEND

No. 3-677A151.

399 N.E.2d 846 (1980)

Edward SMITH, Irene Smith, John Porte, and Mae Hunt, Plaintiffs-Appellants, v. CITY OF SOUTH BEND; Jerry E. Miller, Mayor of the City of South Bend, Indiana; Jack R. Bland, Chief of the Fire Force of the City of South Bend, Indiana; John H. Walsh, Chief of the Police Department of the City of South Bend, Indiana; Board of Trustees of the Firemen's Pension Fund of the City of South Bend, Indiana; Board of Trustees of the Police Pension Fund of the City of South Bend, Indiana, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied February 29, 1980.

Attorney(s) appearing for the Case

Roland Obenchain, Milton A. Johnson, South Bend, for plaintiffs-appellants.

Timothy P. McLaughlin, Thomas J. Brunner, Jr., South Bend, for defendants-appellees.

HOFFMAN, Judge.

This is an action for declaratory judgment brought against the City of South Bend et al. (City) by retired policemen and firemen and the widows of former policemen and firemen of the City (collectively referred to as Retirees) to recover additional pension benefits for the years 1970 to 1975, inclusive. Police retirees were seeking the difference between the pension benefits already paid and those payable...

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