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CITY OF FORT LAUDERDALE v. NATION

No. 80-949.

400 So.2d 1275 (1981)

The CITY OF FORT LAUDERDALE, Appellant, v. Kenneth S. NATION, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 6, 1981.

Attorney(s) appearing for the Case

Donald R. Hall, City Atty., and Dennis E. Lyles, Deputy City Atty., Fort Lauderdale, for appellant.

Edwin H. Chappell, Jr., and M. Daniel Hughes of Chappell, Brandt & Gore, P.A., Fort Lauderdale, for appellee.

LETTS, Chief Judge.

At issue here is whether a City can amend its pension plan to lower the mandatory age at which firemen must retire, from 55 to 50 years of age. We conclude that it can and reverse the trial court.

The particular Fire Captain now before us was first employed as a fireman by the City in 1957 at age 33 and had risen to the rank of Captain by the time of his forced retirement in 1977.1 For some considerable

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