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HORSLEY v. BD. OF PEN. & RETIREMENT

519 Pa. 264 (1988)

546 A.2d 1115

Mallie HORSLEY, Appellant, v. PHILADELPHIA BOARD OF PENSIONS AND RETIREMENT and City of Philadelphia, Appellees.

Supreme Court of Pennsylvania.

Decided August 17, 1988.

Attorney(s) appearing for the Case

Thomas S. McNamara, Philadelphia, for appellant.

Kenneth Smukler, Asst. City Sol. Ralph J. Teti, Deputy City Sol., Mary Ellen Krober, Philadelphia, for appellees.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

OPINION

McDERMOTT, Justice.

Appellant appeals from the Commonwealth Court's affirmance of the order of the Court of Common Pleas of Philadelphia County. That order upheld the decision of the Philadelphia Board of Pensions and Retirement, which suspended the retirement benefits of her husband, Benjamin Horsley, Jr., pursuant to Section 217 of the Municipal Retirement System Ordinance1 of the City of Philadelphia.

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