NONNENMACHER v. CITY OF WARWICK

Nos. 97-528-Appeal, 97-529-Appeal.

722 A.2d 1199 (1999)

Harold J. NONNENMACHER v. The CITY OF WARWICK, et al. Donald E. Sjogren v. The City of Warwick, et al.

Supreme Court of Rhode Island.

January 25, 1999.


Attorney(s) appearing for the Case

Kelly M. Fracassa, Westerly, for plaintiff.

Kimberly Ann O'Connell, Providence, for defendant.

Present WEISBERGER, C.J., and LEDERBERG, BOURCIER, FLANDERS, and GOLDBERG, JJ.


OPINION

LEDERBERG, Justice.

The plaintiffs, Harold J. Nonnenmacher and Donald E. Sjogren, filed suit under 42 U.S.C. §§ 1983 and 1988, claiming that § 7-75.2(b) of the Warwick Code of Ordinances (1993), violates Article 1, section 10, of the Contract Clause of the United States Constitution1 because its setoff provision required a reduction in disability pension benefits paid to retired firefighters...

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