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KLUG v. CITY OF MINOT

No. 20100217.

795 N.W.2d 906 (2011)

2011 ND 67

John KLUG and Bob Barnard, individually, and John Klug and Bob Barnard, on behalf of the and as members of the Local Membership of the International Police Association (IUPA), Police Members and Pensioners, Plaintiffs and Appellants v. CITY OF MINOT, Defendant and Appellee.

Supreme Court of North Dakota.

March 25, 2011.

Attorney(s) appearing for the Case

Monte Lane Rogneby , Bismarck, N.D., for plaintiffs and appellants.

Scott Kenneth Porsborg , Bismarck, N.D., for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] John Klug and Bob Barnard appeal from a summary judgment dismissing their action alleging the City of Minot ("City") unlawfully merged the police and city employee pension plans. Klug and Barnard claim the City did not have the authority to combine the two statutorily created pension plans, the City's powers under its home rule charter do not supersede the protections for police pension plans under N.D.C.C. ch. 40-45, and the...

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