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RIZZO v. CITY OF PHILADELPHIA

136 Pa.Commw. 13 (1990)

582 A.2d 1128

Frank L. RIZZO, v. CITY OF PHILADELPHIA; Mayor W. Wilson Goode; Peter Crescitelli, Director, Board of Pensions and Retirement; Elizabeth Reveal, Jointly in her capacity as Chairperson of Board of Pensions and Retirement and Finance Director; Willie L. Williams, Police Commissioner; Seymour Kurland, City Solicitor; James Stanley White, Managing Director; John G. Smithyman, City Controller; Benjamin Blakney, City Treasurer; and Kevin M. Tucker. Appeal of Kevin M. TUCKER, Appellant. Frank L. RIZZO, v. CITY OF PHILADELPHIA et al. Appeal of CITY OF PHILADELPHIA et al., Appellants.

Commonwealth Court of Pennsylvania.

Decided September 7, 1990.

Reargument Denied November 8, 1990.

Attorney(s) appearing for the Case

Mark A. Aronchick, Hangley, Connolly, Epstein, Chicco, Foxman & Ewing, Philadelphia, for appellant, Kevin M. Tucker.

Arlene F. Bell, Deputy City Solicitor, for appellants, City of Philadelphia, et al.

Benjamin Paul, with him, Joseph R. Podraza, Jr., Abrahams, Loewenstein, Bushman & Kauffman, Philadelphia, for appellee, Frank L. Rizzo.

Before CRUMLISH, Jr., President Judge, and CRAIG, DOYLE, PALLADINO, McGINLEY, SMITH and PELLEGRINI, JJ.

SMITH, Judge.

Kevin M. Tucker, former Police Commissioner of the City of Philadelphia (Tucker) and the City of Philadelphia (City) appeal from the July 26, 1989 Order of the Court of Common Pleas of Philadelphia County which made final its Decree Nisi entered on June 15, 1989 permanently enjoining the City, its Finance Director and Board of Pensions and Retirement (Pension Board) from making further pension payments to Tucker out of the City's Police Pension Plan...

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