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TAYLOR v. CITY OF GADSDEN

No. 13-13885.

767 F.3d 1124 (2014)

Joe TAYLOR, Jeff Mayben, Lecil Harrelson, Jeff Morris, John Alan Calvert, David Putman, Derreck Sherrill, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. CITY OF GADSDEN, an Alabama Municipal corporation, Sherman Guyton, in his official capacity as Mayor of the City of Gadsden, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 16, 2014.

Attorney(s) appearing for the Case

Raymond Fitzpatrick , Law Office of Raymond P. Fitzpatrick, Jr., Birmingham, AL, for Plaintiff-Appellant.

Howard Edgar Howard , Ford Howard & Cornett, PC, Gadsden, AL, for Defendants-Appellees.

Before TJOFLAT, Circuit Judge, MOORE, Chief District Judge, and SCHLESINGER, District Judge.

TJOFLAT, Circuit Judge:

This case presents a problem common to most cities in the United States. Their pension funds have been operating at a substantial loss, and the cities' long-term liabilities are becoming unfunded at an exponentially increasing rate. That is, the contributions employees and cities are making to pension funds — as a percentage of the employees' salaries — are being used to pay the pensions earned by retirees instead of being set...

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