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MARVEL v. DANNEMANN

Civ. A. No. 79-351.

490 F.Supp. 170 (1980)

William MARVEL and Robert C. O'Hara, Plaintiffs, v. Ernst DANNEMANN, Leonard J. Bardsley, David G. Burton, David Marshall, Keith Dorman and Thomas R. Carper, and The State of Delaware, Defendants.

United States District Court, D. Delaware.

April 29, 1980.

Attorney(s) appearing for the Case

Victor F. Battaglia and Samuel R. Russell of Biggs & Battaglia, Wilmington, Del., for plaintiffs.

Regina M. Small, State Sol., Dept. of Justice, Wilmington, Del., for defendants.

OPINION

STAPLETON, District Judge:

This case involves the State of Delaware Judicial Pension Plan, Chapter 56 of Title 29 of the Delaware Code. Plaintiffs are two members of the state judiciary who, since 1976, have been required to contribute a larger amount of their salary to the judicial pension fund pursuant to the provisions of 60 Del.Laws c. 649 (1976), amending 29 Del.C. § 5601 ("the 1976 Amendment"). Plaintiffs claim that this Amendment is unconstitutional...

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