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ROBY v. BD. OF TRUSTEES OF EMPLOYEES' RETIREMENT SYS. OF NEW ORLEANS

No. 94-CA-0671.

650 So.2d 811 (1995)

Ralph J. ROBY and Earl J. Kilbride v. The BOARD OF TRUSTEES OF the EMPLOYEES' RETIREMENT SYSTEM OF the CITY OF NEW ORLEANS, et al.

Court of Appeal of Louisiana, Fourth Circuit.

January 31, 1995.

Attorney(s) appearing for the Case

Sidney M. Bach, Gerald Wasserman, Bach & Wasserman, Metairie, for plaintiffs/appellants.

Jesse James Marks, Deputy City Atty., Philip C. Ciaccio, Jr., Chief of Civ. Litigation, Bruce E. Naccari, Atty. Chief of Research & Opinions, Avis Marie Russell, City Atty., New Orleans, for defendants/appellees.

Before SCHOTT, C.J., and BARRY and BYRNES, JJ.

BARRY, Judge.

Plaintiffs appeal the denial of an injunction and mandamus to require the Board of Trustees of the Employees' Retirement System of the City of New Orleans, its members and director and the City of New Orleans to allow plaintiffs to participate in the City's retirement system. The issue is whether a member of the New Orleans police department's retirement system is entitled to also participate in the City's retirement system following that person's retirement...

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