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McSHEA v. CITY OF PHILADELPHIA

No. 24 EAP 2007, No. 25 EAP 2007, No. 26 EAP 2007.

995 A.2d 334 (2010)

Gerard McSHEA, Charles A. Gaskins, and Emroyal Jones, Individually and on Behalf of All others Similarly Situated, Appellants v. The CITY OF PHILADELPHIA, Appellee. Gerard McShea, Charles A. Gaskins, and Emroyal Jones, Individually and on Behalf of All others Similarly Situated, Appellants v. The City of Philadelphia, Appellee. Gerard McShea, Charles A. Gaskins, and Emroyal Jones, Individually and on Behalf of All others Similarly Situated, Appellants v. The City of Philadelphia, Appellee.

Supreme Court of Pennsylvania.

Resubmitted August 21, 2009.

Decided May 27, 2010.

Attorney(s) appearing for the Case

Paul N. Bonavita, Steven E. Angstreich, Levy Angstreich Finney Baldante Rubenstein & Coren, P.C., Philadelphia, Michael Coren, for Gerard McShea, Charles A. Gaskins and Emroyal Jones, et al.

Eleanor N. Ewing, Philadelphia, Donald C. Marino, City of Philadelphia Law Department, for the City of Philadelphia in No. 24 EAP 2007.

Eleanor N. Ewing, Philadelphia, Michael F. Eichert, City of Philadelphia Law Department, for the City of Philadelphia in Nos. 25 EAP 2007 and 26 EAP 2007.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice EAKIN.

From 1987 to 1994, appellants, a class of 12,000 current and former City of Philadelphia employees, participated in a voluntary Deferred Compensation Plan, deferring receipt of certain compensation which was deposited in various investments. The City's Director of Finance administered the Plan and had authority to designate a third party to handle routine management. From 1984 to 1992, the Public Employees Benefit Services Corporation...

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