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DUKES v. BOARD OF TRUSTEES

No. S06A0155.

629 S.E.2d 240 (2006)

280 Ga. 550

DUKES v. BOARD OF TRUSTEES FOR the POLICE OFFICERS PENSION FUND et al.

Supreme Court of Georgia.

Reconsideration Denied May 19, 2006.

Attorney(s) appearing for the Case

T. Joshua R. Archer, Michael J. Bowers, David Gregory Michell, Balch & Bingham, L.L.P., Atlanta, for Appellant.

Linda Katherine DiSantis, Pamela Felecia Everett, Debra Gray Alford, Robert N. Godfrey, Atlanta, for Appellees.

THOMPSON, Justice.

In this action for mandamus, we hold that appellee Board of Trustees for the Police Officers Pension Fund ("board") acted without legal authority in approving a pension which the board later rescinded. Thus, the board will not be estopped from reducing pension benefits it had been paying to appellant Reginal Dukes. We, therefore, affirm the trial court's grant of summary judgment in favor of the board.

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