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LUGAR v. NEW

No. 2-979A294.

418 N.E.2d 248 (1981)

James R. LUGAR, for Himself and On Behalf of All Others Similarly Situated, As a Class of Retired Indiana State Police Employees, Appellants (Plaintiffs below), v. Jack L. NEW, As Treasurer of the State of Indiana, Mary D. Aikins Currie, As Auditor of the State of Indiana, Robert Debard, Superintendent of the Indiana State Police, Sgt. David J. Crose, Trooper James A. Theobald and Thomas L. Kuespert, As Members of the Indiana State Police, Pension Advisory Board, and Roy Stebbing, As Consultant to the Indiana State Police Pension Advisory Board, Theodore Sendak, Attorney General of Indiana, Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

March 24, 1981.

Attorney(s) appearing for the Case

Donald L. Adams, James W. Commons, Adams & Commons, Indianapolis, for appellants.

Linley E. Pearson, Atty. Gen., David A. Arthur, Deputy Atty. Gen., Indianapolis, for appellees.

Robert W. McNevin, Indianapolis, for amicus curiae.

BUCHANAN, Chief Judge.

CASE SUMMARY

James R. Lugar, representing a class of plaintiff-pensioners (hereinafter plaintiffs) appeals the judgment of the trial court allowing the simultaneous use of two reduction factors, one based on age and one based on years of service with the Indiana State Police in computing pension benefits, claiming such determination is constitutionally and statutorily infirm; the trial court's decision that the refusal of the Pension...

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