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BOARD OF TRUSTEES, ETC. v. CARDWELL

80-248.

400 So.2d 402 (1981)

BOARD OF TRUSTEES OF the POLICEMEN'S AND FIREMEN'S RETIREMENT FUND v. Shirley Patrick CARDWELL, etc.

Supreme Court of Alabama.

June 19, 1981.

Attorney(s) appearing for the Case

Roger W. Kirby, Gadsden, for appellant.

James E. Hedgspeth of Floyd, Keener & Cusimano, Gadsden, for appellee.

BEATTY, Justice.

The Board of Trustees of the Policemen's and Firemen's Retirement Fund of the City of Gadsden appeals from a determination that § 17 of Act No. 904 of the 1975 Acts of Alabama was unconstitutional. We reverse and remand.

The defendant, Shirley Patrick Cardwell, married Michael Patrick on June 30, 1966. Two children were born to them—Stacy in 1967 and Scott in 1970. Michael was employed by the City of Gadsden as a firefighter. On...

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