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CITY OF MIAMI v. GATES

No. 80-15.

393 So.2d 586 (1981)

CITY OF MIAMI, a Florida Municipal Corporation, Appellant, v. Leonard L. GATES et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 23, 1981.

Attorney(s) appearing for the Case

George F. Knox, Jr., City Atty. and Ronald J. Cohen, Asst. City Atty., Paul, Landy, Beiley & Harper and Lawrence R. Metsch and Robert M. Sondak, Miami, for appellant.

Paul & Thomson and Parker D. Thomson and Sanford L. Bohrer and Kenneth W. Lipman and Saturino E. Lucio, II, Miami, for appellees.

Before HENDRY, SCHWARTZ and NESBITT, JJ.

SCHWARTZ, Judge.

The City of Miami seeks review of a non-final order granting summary judgment on liability against it on Counts III and IV of a class action complaint in equity brought on behalf of past and present fire and police employees who are beneficiaries of the city's pension fund.1 We affirm as to Count IV, and affirm in part and reverse in part as to Count III.

The action below, which was commenced in 1977, concerned...

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