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CROWN v. PATROLMEN'S VARIABLE SUPPLEMENTS FUND

No. 1138, Docket 87-7147.

819 F.2d 47 (1987)

John J. CROWN, George L. Demott, Donald Fogarty, George Sorkvist, Adrian H. Richner, Francis Czelisniak, Richard M. Kerwick, Robert E. Tuffy, Harry J. Brix, Jr., David W. Sackman, James Stevens, William C. Clancy, Walter J. Fenn, Joseph M. Concheiro, Robert A. Hawd, Edward J. Rayn, Raymond J. Benoit, Stephen J. Stanley, George J. Todd, Francis O'Hagan, Plaintiffs-Appellants, v. The TRUSTEES OF the PATROLMEN'S VARIABLE SUPPLEMENTS FUND, the Trustees of the Police Superior Officers' Variable Supplements Fund, and the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 19, 1987.

Attorney(s) appearing for the Case

Ronald Podolsky, New York City, for plaintiffs-appellants.

June A. Witterschein, Asst. Corp. Counsel, New York City (Peter L. Zimroth, Corp. Counsel, Lucy A. Cardwell, Asst. Corp. Counsel, of counsel), for defendants-appellees.

Before VAN GRAAFEILAND, PRATT and ALTIMARI, Circuit Judges.

PER CURIAM:

Plaintiffs, former patrolmen and superior officers of the New York City Police Department who retired before October 1968, appeal from a judgment of the United States District Court for the Southern District of New York, Shirley Wohl Kram, Judge, granting defendants' motion under Fed.R.Civ.P. 12(b)(6) to dismiss the complaint. Plaintiffs claim to have been deprived of property without due process of law in violation of the fifth and fourteenth amendments...

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