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BD. OF TRUSTEES OF POLICE PENSION v. WEED

No. 60793.

719 P.2d 1276 (1986)

BOARD OF TRUSTEES OF the POLICE PENSION AND RETIREMENT SYSTEM OF OKLAHOMA CITY, Appellant, v. Fred WEED, Appellee.

Supreme Court of Oklahoma.

May 28, 1986.

Attorney(s) appearing for the Case

Walter M. Powell, Mun. Counselor and Patricia Sellers Dennis, Asst. Mun. Counselor, Oklahoma City, for appellant.

Freeman & Buxton by Jack L. Freeman and Richard W. Anderson, Edmond, for appellee.

HODGES, Justice.

This is a declaratory judgment action to cease pension benefits pursuant to 11 O.S. 1971 § 541p (current version at 11 O.S.1981 § 50-119) and Oklahoma City Code § 2-342 (1970). The District Court of Oklahoma County held the state statute and city ordinance, purporting to deprive appellee of his vested pension rights, unconstitutional, insofar as they authorize divesture of appellee's pension based on his felony conviction.

Appellee...

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