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POSEY v. CITY OF MEMPHIS

164 S.W.3d 575 (2004)

Sam POSEY, Danny Todd, William "Billy" A. Chitwood, Jimmy L. Porter v. CITY OF MEMPHIS.

Court of Appeals of Tennessee, Western Section, at Jackson.

August 23, 2004.

Permission to Appeal Denied February 28, 2005.

Attorney(s) appearing for the Case

Mark Allen and Melissa L. Palo, Memphis, Tennessee, for the appellants, Sam Posey, Danny Todd, William "Billy" A. Chitwood, and Jimmy L. Porter.

Louis P. Britt, Charles V. Holmes, and Thomas J. Walsh, Jr., Memphis, Tennessee, for the appellee, City of Memphis.

Permission to Appeal Denied by Supreme Court February 28, 2005.

OPINION

HOLLY M. KIRBY, J., delivered the opinion of the Court, in which W. FRANK CRAWFORD, P.J., W.S., and ALAN E. HIGHERS, J., joined.

This is an equal protection case involving pension benefits for firefighters. The municipal charter and ordinance required that thirty-year firefighters be automatically promoted to fire captain and that their salaries and pensions be calculated accordingly...

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