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BENCE v. MILWAUKEE

No. 80-1815.

103 Wis.2d 679 (1981)

309 N.W.2d 883

Allen H. BENCE, William L. Brown, Edward F. Canning, William C. Crane, John Dotski, Russell H. Dunn, Milton A. Engbring, John Hodel, Ferdinand J. Meyer, Emil F. Milo, Frank Nawrocki, Joseph M. O'Donnell, Raymond P. Raths, Lawrence Venghaus, Richard H. Wissmueller, Harold F. Zemlicka, George Muehlbauer, Stanley A. Korbar, Clarence G. Krueger, Myron R. Ratkowski, Mary Rowe, Ruth Merkwae, Vladimir V. Barak, John Balcerak, Raymond Bednarek, Erwin Drake, Chester R. Esch, Clara Evenson, Leona E. Gerstenberger, Kurt Guttowski and Lyle W. Kohn, Plaintiffs-Respondents, v. CITY OF MILWAUKEE, a municipal corporation, and Policemen's Annuity and Benefit Fund, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided July 30, 1981.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of James B. Brennan, city attorney, Thomas E. Hayes, deputy city attorney, and Michael A. I. Whitcomb, assistant city attorney.

For the plaintiffs-respondents the cause was submitted on the brief of Robert Arthur Melin, of Schroeder, Gedlen, Riester & Moerke, of Milwaukee.

Before Decker, C. J., Cannon, J., and Hanley, Reserve Judge.

CANNON, J.

Defendants appeal from a judgment declaring part of an ordinance unconstitutional on equal protection grounds. The ordinance incorporated the terms of a collective bargaining agreement covering the employment period November 3, 1972 through November 2, 1974, and provided, in part, for increased pension benefits to those employees retiring after October 5, 1973. The trial court declared unconstitutional the October 5, 1973 effective date and ordered that...

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