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ROSEMAN v. FIREMEN & POLICEMEN'S DEATH BENEFIT FUND

No. 92-777.

66 Ohio St.3d 443 (1993)

ROSEMAN, APPELLEE, v. FIREMEN AND POLICEMEN'S DEATH BENEFIT FUND ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided June 16, 1993.

Attorney(s) appearing for the Case

Green, Haines, Sgambati, Murphy & Macala Co., L.P.A., Ronald G. Macala, Salvatore J. Falletta and Randall Vehar, for appellee.

Lee I. Fisher, Attorney General, Cherry Lynne Poteet and Andrew I. Sutter, Assistant Attorneys General, for appellants.

ALICE ROBIE RESNICK, J.

This case presents one issue: Does that part of R.C. 742.63, specifically R.C. 742.63(H), which provides that benefit amounts paid from the fund to a survivor shall not be adjusted when another survivor's benefit is terminated or reduced, violate the Equal Protection Clauses of the Ohio and United States Constitutions?1 For the reasons which follow, we find that R.C. 742.63(H) violates appellee's equal protection...

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