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TRUSTEES OF FIREMEN'S FUND v. FAIRMONT

No. 31593.

599 S.E.2d 789 (2004)

215 W.Va. 366

BOARD OF TRUSTEES OF FIREMEN'S PENSION AND RELIEF FUND of The CITY OF FAIRMONT, West Virginia, Petitioner Below, Appellant v. The CITY OF FAIRMONT, West Virginia, a Municipal Corporation, Bruce McDaniel, its City Manager, and Eileen Layman, its City Finance Manager, Respondents Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 2, 2004.

Attorney(s) appearing for the Case

James B. Zimarowski, John F. Wiley, J. Frederick Wiley, P.L.L.C., Morgantown, for Appellant.

Kevin V. Sansalone, Sansalone & Sansalone, Fairmont, for Appellees.

MAYNARD, Chief Justice:

The Board of Trustees of Firemen's Pension and Relief Fund of the City of Fairmont, West Virginia, Appellant, appeals the December 5, 2002, order of the Circuit Court of Marion County finding that, under W.Va.Code § 8-22-26a(a) (1991), the supplemental pension benefit provided therein is to be calculated on the amount of $15,000 each year instead of $15,000 plus accumulated supplemental pension benefits from previous years. For the following...

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