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McKANE v. CITY OF LANSING

No. 5:94-CV-48.

938 F.Supp. 462 (1996)

Terry J. McKANE, Plaintiff, v. CITY OF LANSING, the Board of Trustees of the City of Lansing Employees Retirement System, and David C. Hollister, Douglas Rubley, Tony Benavides, Sharon Bommarito, John Brodie, Rita Pontz, and Ronald Kruger, in their individual and official capacities, jointly and severally, Defendants. and CITY OF LANSING, the Board of Trustees of the City of Lansing Employees Retirement System, and David C. Hollister, in his official capacity as Mayor of the City of Lansing, jointly and severally, Counter-Plaintiffs, v. Terry J. McKANE, Counter-Defendant.

United States District Court, W.D. Michigan, Southern Division.

August 20, 1996.

Attorney(s) appearing for the Case

Thomas A. Baird, White, Przybylowicz, Schneider & Baird, PC, Okemos, MI, for Terry J. McKane.

James D. Smiertka, Lansing City Attorney's Office, Department of Law, Lansing, MI, for City of Lansing, Board of Trustees of the City of Lansing Employees Retirement System, David C. Hollister, Douglas Rubley, Tony Benavides, Sharon Bommarito, John Brodie, Rita Pontz, Ronald Kruger,

OPINION

QUIST, District Judge.

Plaintiff Terry J. McKane, a former mayor of the City of Lansing, brought this action against the City of Lansing, its Retirement Board and the individual members of the Board. Plaintiff alleges that his enhanced benefits under an Early Retirement Program were improperly terminated. This matter is before the Court on cross motions for summary judgment and/or to dismiss. On July

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