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BOARD OF TRUSTEES OF POLICE v. CARENBAUER

No. 30102.

567 S.E.2d 612 (2002)

211 W.Va. 602

THE BOARD OF TRUSTEES OF the POLICE OFFICERS PENSION AND RELIEF FUND OF the CITY OF WHEELING, Plaintiff Below, Appellee, v. James CARENBAUER, Defendant and Third-Party Plaintiff Below, Appellant, v. City of Wheeling, A Municipal Corporation, Third-Party Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided May 29, 2002.

Attorney(s) appearing for the Case

Robert P. Fitzsimmons, Russell J. Guthrie, Fitzsimmons Law Offices, Wheeling, West Virginia, for appellant.

Andrew J. Katz, The Katz Working Families' Law Firm, LC, Charleston, West Virginia, for appellee.

MAYNARD, Justice.

This case is before this Court upon appeal of a final order of the Circuit Court of Ohio County entered on March 9, 2001. In that order, the circuit court granted a motion for judgment on the pleadings filed by the appellee and plaintiff below, the Board of Trustees of the Police Officers Pension and Relief Fund of the City of Wheeling (hereinafter "the Board"), in this declaratory judgment action filed...

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