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HESS v. ST. JOSEPH POLICE PENSION FUND

No. 85-1557.

788 F.2d 1344 (1986)

Barbara A. HESS; Patrick E. Samples; Larry G. DeClue; Clyde L. Daniels; David McClain; Robert E. Appleby and David Lee Merrill, on behalf of themselves and all others similarly situated, Appellants, v. The ST. JOSEPH POLICE PENSION FUND; Marvin Atkins; James R. Hays; Ronald E. Fisher; Donald Conroy; Tony Marsola; Mary S. Parker, Director of Finance; James O. Turner, City Attorney; Walter T. Welsh, City Clerk; The City of St. Joseph, Missouri, Trustee of the St. Joseph Police Pension Fund, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 17, 1986.

Attorney(s) appearing for the Case

Ronald M. Sokol, St. Joseph, Mo., for appellants.

Richard S. Steinberg, St. Joseph, Mo., for appellees.

Before HEANEY, ARNOLD and WOLLMAN, Circuit Judges.

HEANEY, Circuit Judge.

This is a class action brought on behalf of two groups of former St. Joseph, Missouri police officers for refund of their contributions to the St. Joseph Police Pension Fund. The officers who resigned before completing five years of service were not refunded any of their contribution, and those who resigned after five to twenty-five years received only two-thirds of their contribution pursuant to Mo.Rev.Stat. § 86.523. The officers sought...

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