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CITY OF LAMAR v. LAMAR POLICE DEPT.

No. 91CA1483.

857 P.2d 457 (1992)

The CITY OF LAMAR, Colorado, Plaintiff-Appellant, v. The LAMAR POLICE DEPARTMENT MONEY PURCHASE PENSION TRUST and The Lamar Fire Department Money Purchase Pension Trust, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied January 14, 1993.

Certiorari Denied August 23, 1993.

Attorney(s) appearing for the Case

Thomas L. Shinn, Lamar, for plaintiff-appellant.

Lefferdink & Bullock, James R. Bullock, Lamar, for defendants-appellees.

Williams, Turner & Holmes, P.C., Susan M. Corle, William D. Prakken, Grand Junction, for amicus curiae The Boards of Trustees of the Grand Junction Police and Fire Money Purchase Pension Plans.

Traylor, Arnold, Tompkins & Black, P.C., David A. Price, Daniel E. Wilson, City Attys., Grand Junction, for amicus curiae the City of Grand Junction.

Kent A. Borchard, Meeker, for amicus curiae the Town of Rangley.

Opinion by Judge TURSI.

The City of Lamar (Lamar) appeals from a declaratory judgment ordering it to pay over all of the funds it received from the Colorado Fire and Police Pension Association (FPPA) to the Lamar Police Department Money Purchase Pension Trust and the Lamar Fire Department Money Purchase Pension Trust (Pension Trusts). We affirm.

Prior to the initiation of this action, Lamar withdrew from the FPPA, a statewide pension plan, to establish its...

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