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COLLINS v. BD. OF TRUSTEES OF FIREMEN'S ANNUITY & BEN. FUND OF CHICAGO

No. 1-90-2082.

589 N.E.2d 799 (1992)

226 Ill. App.3d 316

168 Ill.Dec. 399

Fred COLLINS, Michael Spencer, individually and as representatives of a group of individuals similarly situated, Plaintiffs-Appellants, v. The BOARD OF TRUSTEES OF the FIREMEN'S ANNUITY AND BENEFIT FUND OF CHICAGO, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

February 28, 1992.

Attorney(s) appearing for the Case

Terrance A. Hilliard, Chicago, for plaintiffs-appellants.

Fagel & Haber, Chicago (Steven J. Teplinsky, James A. Roth, Maynard B. Russel, of counsel), for defendant-appellee.

Presiding Justice McNULTY delivered the opinion of the court.

This is an appeal from the trial court's order granting the Board of Trustees of the Firemen's Annuity Benefit of Chicago's (Board's) motion to dismiss plaintiffs' complaint for declaratory judgment seeking to declare section 6-210.1 of the Firemen's Pension Code (Ill.Rev.Stat.1989, ch. 108½, par. 6-210.1) unconstitutional under article XIII, section 5 of the Illinois Constitution.

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