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LEHENY v. CITY OF PITTSBURGH

Nos. 98-3356, 98-3364, 98-3405.

183 F.3d 220 (1999)

Thomas E. LEHENY; James R. Ramsey; Arthur Marunich, for themselves and others similarly situated Thomas E. Leheny, Appellant No. 98-3364, v. CITY OF PITTSBURGH; Policemen's Relief and Pension Fund of The City of Pittsburgh; Fraternal Order of Police, Fort Pitt Lodge No. 1. City of Pittsburgh, Appellant Nos. 98-3356/3405.

United States Court of Appeals, Third Circuit.

Decided July 7, 1999.

Attorney(s) appearing for the Case

Joseph S. Hornack (argued), Healey, Davidson & Hornack, Pittsburgh, PA, for Appellees/Cross-Appellants.

Brian P. Gabriel (argued), Assistant City Solicitor, City of Pittsburgh Department of Law, Firm # 046, Pittsburgh, PA, for Appellants/Cross-Appellees.

Before: ALDISERT, WEIS and STAPLETON, Circuit Judges,

OPINION OF THE COURT

ALDISERT, Circuit Judge.

These cross-appeals by the City of Pittsburgh and three retired police officers (the "Retirees") require us to decide whether a City policy that offsets pension benefits for disabled retired police officers by worker's compensation benefits violates equal protection and due process rights and constitutes a violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA"). The district...

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