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FRATERNAL ORDER OF POLICE v. CITY OF EVANSVILLE

No. 82A01-0311-CV-442.

809 N.E.2d 470 (2004)

FRATERNAL ORDER OF POLICE, LODGE 73, John Haller, Charles Patton, and Earl Chapman, on Behalf of Themselves and All Other Retirees of the Evansville Police Department Similarly Situated, Appellants-Petitioners, v. CITY OF EVANSVILLE, Indiana and The Public Employees Retirement Fund, Appellees-Respondents.

Court of Appeals of Indiana.

June 3, 2004.

Attorney(s) appearing for the Case

Charles L. Berger, Jennifer L. Ulrich-Keppler, Berger and Berger, Evansille, IN, Attorney for Appellant.

Robert W. Rock, Evansville, IN, Attorney for Appellee.

OPINION

ROBB, Judge.

The Fraternal Order of Police ("FOP") appeals the trial court's grant of the City of Evansville's ("the City") motion for summary judgment. We reverse.

Issue

The FOP raises two issues for our review, which we consolidate and restate as whether the trial court properly granted the City's motion for summary judgment.

Facts and Procedural History

In 2000, the FOP entered into a collective...

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