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NIFFENNEGGER v. CITY OF DES MOINES

No. 63216.

289 N.W.2d 606 (1980)

Robert NIFFENNEGGER, Individually and as Representative of the Class Composed of Members of the Des Moines Association of Professional Fire Fighters, Local No. 4, An Unincorporated Association, Appellants, v. CITY OF DES MOINES, Iowa, A Municipal Corporation, Appellee.

Supreme Court of Iowa.

March 19, 1980.

Attorney(s) appearing for the Case

Harry H. Smith and MacDonald Smith, Sioux City, for appellants.

Earl Roberts, City Atty., Des Moines, for appellee.

Considered by REYNOLDSON, C. J., and HARRIS, McCORMICK, ALLBEE, and LARSON, JJ.

HARRIS, Justice.

This declaratory judgment action presents two questions of statutory construction. Robert Niffennegger is the nominal plaintiff for a firefighters' union. The union challenges two practices of the city of Des Moines. (1) Through each fiscal year the city collects for but retains its contributions to the firemen's pension accumulation fund (§ 411.8(1)(a), The Code 1979) and expense fund (§ 411...

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