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FRAZIER v. CITY OF CHATTANOOGA, TENNESSEE

No. 15-6405.

841 F.3d 433 (2016)

Johnny H. FRAZIER; Reuben K. Salter; William A. Melhorn, Jr.; James G. Gaston, Plaintiffs-Appellants, v. CITY OF CHATTANOOGA, TENNESSEE; Chattanooga Fire and Police Pension Fund, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 3, 2016.

Attorney(s) appearing for the Case

ARGUED: Michael E. Richardson , Tidwell, Izell & Richardson, Chattanooga, Tennessee, for Appellants. Zachary H. Greene , Miller & Martin PLLC, Chattanooga, Tennessee, for Appellees. ON BRIEF: Michael E. Richardson , Tidwell, Izell & Richardson, Chattanooga, Tennessee, for Appellants. Zachary H. Greene , W. Scott Parrish , David M. Barnes , Miller & Martin PLLC, Chattanooga, Tennessee, for Appellee City of Chattanooga. Cameron S. Hill , William E. Robinson , Caldwell & Berkowitz, PC, Chattanooga, Tennessee, for Appellee Chattanooga Fire and Police Pension Fund.

Before: ROGERS, SUTTON, and COOK, Circuit Judges.

OPINION

The City of Chattanooga amended the cost-of-living adjustment in its Fire and Police Pension Fund in 2000 to create a fixed three-percent annual increase in retirement benefits. The city amended the COLA again in 2014 to a lower, variable annual increase. Four Fund participants — Johnny Frazier, Reuben...

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