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ATKINSON v. WITTLER

No. 5656.

647 P.2d 72 (1982)

Dick ATKINSON, Judy Cashel, Nick Giffon, Rhea Gillespie, Larry Hunt, Pat McIntosh, Vicki Kaufholz, Blaine Smith and Ken Vosler, Personally and as representatives of all others similarly situated, Appellants (Plaintiffs), v. Shirley WITTLER, State Treasurer, and Administrator of the Firemen's Pension Fund and the Wyoming Retirement Board, Appellees (Defendants), Vicki KAUFHOLZ, Appellant (Petitioner), v. Shirley WITTLER, State Treasurer and Administrator of the Firemen's Pension Fund, Appellee (Respondent).

Supreme Court of Wyoming.

June 28, 1982.

Attorney(s) appearing for the Case

Thomas E. Campbell and Jack R. Gage of Hanes, Gage & Burke, P.C., Cheyenne, signed the brief, and Jack R. Gage, Cheyenne, appeared in oral argument on behalf of appellants.

Steven F. Freudenthal, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Crim. Div., Allen C. Johnson, Sr. Asst. Atty. Gen., and Carl J. Hildebrand, Asst. Atty. Gen., signed the brief and Mr. Hildebrand appeared in oral argument on behalf of appellees.

Before ROSE, C.J., and RAPER, THOMAS, ROONEY and BROWN, JJ.

ROONEY, Justice.

This appeal is from an order of the district court granting appellees' motion to dismiss the complaint for failure to state a claim upon which relief could be granted. Two cases had been consolidated in the district court for a determination of a common legal issue of whether or not former firemen who had served in that capacity for less than five years were entitled to a refund of their compulsory contributions to the firemen's pension fund. One...

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