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PUEBLO v. FIRE AND POLICE PENSION ASS'N

No. 90CA1967.

827 P.2d 597 (1992)

PUEBLO, a Municipal Corporation; City Council of Pueblo; and Shelly Medina, Plaintiffs-Appellants, v. FIRE AND POLICE PENSION ASSOCIATION; Board of Directors of the Fire and Police Pension Association; Carl Gustafson, Kenneth Harris, Robert Hutchings, Ray Magan, Richard Holck, Harvey Rubinstein, Mark Glover, Edward Sullivan, and Sam Sasaki, as present and former members of the Board of Directors of the Fire and Police Pension Association; Local 537 of the International Brotherhood of Police Officers; James Billings; Lloyd J. Smart; Timothy Pepin; Local 3, International Association of Fire Fighters, also known as Pueblo Fire Fighters, Local 3, Individually and on Behalf of all Fire Fighters Employed by the City of Pueblo on or before April 8, 1978; David Blagg; Ed Brown; Richard Diiorio; Bob Lockhart; and John Nemick, also known as John Nermick, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

February 13, 1992.

Attorney(s) appearing for the Case

Thomas J. Florczak, Thomas E. Jagger, Pueblo, for plaintiffs-appellants.

William Morris, Norman L. Ruggles, Englewood, for defendants-appellees Fire and Police Pension Ass'n, Bd. of Directors of the Fire and Police Pension Ass'n, Carl Gustafson, Kenneth Harris, Robert Hutchings, Ray Magan, Richard Holck, Harvey Rubinstein, Mark Glover, Edward Sullivan and Sam Sasaki.

Brauer, Buescher, Valentine, Goldhammer & Kelman, P.C., Dennis E. Valentine, Denver, for defendants-appellees Local 3, Intern. Ass'n of Fire Fighters, David Blagg, Ed Brown, Richard Diiorio, Bob Lockhart and John Nemick, also known as John Nermick.

Opinion by Judge SMITH.

Plaintiffs, Pueblo (City), its city council, and Shelly Medina, appeal the judgments of the trial court dismissing all of the City's claims against the defendants, the Fire and Police Pension Association (FPPA) and its Board of Directors (the Board), the local fire and police unions, and various individuals. We affirm.

This action concerns a ruling by the Board as to the availability of a benefit referred to as "rank escalation" to...

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