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PICARD v. MEMBERS OF EMPLOYEE RETIREMENT BD.

Nos. 00-2367, 00-2580.

275 F.3d 139 (2001)

Lionel PICARD, et al., Plaintiffs, Appellants, v. MEMBERS OF THE EMPLOYEE RETIREMENT BOARD OF PROVIDENCE, Members of the City Council for the City of Providence, Vincent A. Cianci, Jr., in His Capacity as Mayor of the City of Providence, Stephen T. Napolitano, in His Capacity as Treasurer of the City of Providence and the City of Providence, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 28, 2001.

Attorney(s) appearing for the Case

Scott P. Tierney, with whom Amato A. DeLuca, Miriam Weizenbaum, and DeLuca & Weizenbaum, Ltd. were on brief, for appellants.

Kevin F. McHugh, Assistant City Solicitor, Department of Law, for appellees.

Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.

TORRUELLA, Circuit Judge.

This civil rights action represents another chapter in a pitched battle over the pension benefits due to retired municipal employees of the City of Providence. The district court below disposed of several of plaintiffs' claims at summary judgment and, later, dismissed the remaining claims on jurisdictional grounds. Plaintiffs seek reversal of the district court's order dismissing their claims under the Contract Clause, Takings Clause, and...

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