O'BRIEN v. CITY OF BUTLER


159 Pa.Commw. 309 (1993)

632 A.2d 1088

Martin J. O'BRIEN, Appellant, v. CITY OF BUTLER, Municipal Officers and Employees Retirement Pension Board.

Commonwealth Court of Pennsylvania.

Decided October 25, 1993.


Attorney(s) appearing for the Case

Vincent X. Yakowicz, for appellant.

James P. Coulter, for appellee.

Before PALLADINO and KELLEY, JJ., and LORD, Senior Judge.


PALLADINO, Judge.

Martin J. O'Brien (O'Brien) appeals from an order of the Court of Common Pleas of Butler County (trial court) which held that O'Brien was not entitled to his pension, but was entitled to a refund of his contributions.

On October 5, 1992, O'Brien and the City of Butler Municipal Officers and Employees Retirement Pension Board (Board) filed a joint petition for declaratory judgment in the trial court. At that time, the parties stipulated to...

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