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WELTER v. CITY OF MILWAUKEE

No. 96-2770.

214 Wis.2d 485 (1997)

571 N.W.2d 459

William W. WELTER, individually, and as representative of a Class consisting of all City of Milwaukee Police Officers hired on or after July 30, 1947 and before August 1, 1985, Plaintiff-Respondent, Bradley DEBRASKA and Kenneth J. Elias, individually, and as representatives of a Class consisting of all City of Milwaukee Police Officers hired on or after July 30, 1947 and before August 1, 1985 and Milwaukee Police Association, Plaintiffs, ALL INDIVIDUALS NAMED ON ADDENDUM A to the COMPLAINT TO INTERVENE, Intervenors-Plaintiffs-Respondents, v. CITY OF MILWAUKEE, Defendant-Appellant, MILWAUKEE EMPLOYES' RETIREMENT SYSTEM/ANNUITY And PENSION BOARD, Defendant.

Court of Appeals of Wisconsin.

Decided October 28, 1997.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Grant F. Langley, city attorney, and Thomas E. Hayes, special deputy city attorney, of Milwaukee.

On behalf of the plaintiff-respondent and the intervenors-plaintiffs-respondents, the cause was submitted on the briefs of John F. Fuchs and Marcia A. Snow of Fuchs, Snow, O'Connell & DeStefanis, S.C., of Milwaukee.

Before Fine, Schudson and Curley, JJ.

FINE, J.

The City of Milwaukee appeals from the trial court's entry of summary judgment declaring that: 1) the City may not reduce below the conversionage in effect when he or she was hired the age at which a police officer receiving a Duty Disability Retirement Allowance is converted to a less-favorable Service Retirement Allowance, and 2) officers who received pension installments based on the less-favorable Service Retirement Allowance even though they were entitled...

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