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MILLER v. RETIREMENT BD. POLICEMEN'S ANNU.

No. 1-00-1549.

771 N.E.2d 431 (2001)

329 Ill. App.3d 589

264 Ill.Dec. 727

Robert F. MILLER, Indiv. and on Behalf of Others Similarly Situated, Plaintiffs-Appellants and Cross-Appellees, v. The RETIREMENT BOARD OF POLICEMEN'S ANNUITY and Benefit Fund of the City of Chicago, Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois, First District, First Division.

As Modified Upon Denial of Rehearing May 20, 2002.

Attorney(s) appearing for the Case

J. Peter Dowd, Chandra S. Bowling, Dowd, Bloch & Bennett, Chicago, for Appellants.

Michael G. Cleveland, Vedder, Price, Kaufman & Kammholz, David R. Kugler, Chicago, for Appellees.

OPINION MODIFIED UPON DENIAL OF REHEARING

Justice COUSINS delivered the opinion of the court:

The plaintiffs, a class of Chicago police officers who worked past age 63, brought a civil rights action pursuant to 42 U.S.C. § 1983 (1994) against the Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago (the Board). Plaintiffs alleged that the Board's application of Public Act 86-272 (Pub. Act 86-272, eff. August 23, 1989)...

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